Terms of Use

TightKnit, Inc. Terms of Use Agreement

Last modified on November 12, 2018

Welcome to the TightKnit website (the “Site”). The Site is operated by TightKnit, Inc. (“we,” “us,” “our,” or “TightKnit”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to our users’ (“you” or “your”) use of the Site, and any mobile application we develop (collectively, our “Platform”).

Your use of our Platform means that you accept and agree to these Terms. If you do not agree to these Terms or our Privacy Policy, do not use or access the Platform.

We reserve the right to modify these Terms at our discretion and will mark new versions with a corresponding effective date. We recommend you visit the Site to review any changes in our practices. Your continued use of the Platform constitutes your agreement to our then-current Terms of Use.

As a condition of your use of the Platform, you warrant that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

TightKnit Intellectual Property

The Platform is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks, and logos contained on the Platform, including the TIGHTKNIT word and design marks, are owned by or licensed to TightKnit.

User Content on the Platform

Portions of the Platform allow you to comment or otherwise post content on the Platform (“User Content”). User Content includes, but is not limited to, any information you upload to the Platform, any photographs or other digital media you upload, any posts or comments you make about photographs or other digital media that has been uploaded by you or by others with whom you have mutually agreed to share content, and any comments or suggestions you send to us.

By posting User Content on the Platform, you represent and warrant that you own the User Content and/or have obtained all necessary third-party consents to post the User Content on the Platform and that the posting of your User Content does not violate these Terms of Use or applicable laws. Unless otherwise specified, you retain copyright and any other rights you already hold to User Content that you create and submit, post, or display on or through the Platform.

TightKnit does not claim ownership of any of your User Content, but we need the ability to use your data and content for the purposes as set out in our Privacy Policy and these Terms. By posting User Content to the Platform you are granting TightKnit the right to collect, host, transfer, process, analyze, communicate and store User Content in order to provide certain features of the Platform to you and other users, thereby helping our users connect with family and close friends, giving them a new way to share old memories and discover more about their families and their histories.

You may not post User Content that:

  • Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
  • Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
  • You know (or reasonably should know) is false, deceptive, or misleading;
  • Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
  • Violates any applicable local, state, national, or international law.

TightKnit does not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on our Platform. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to adapt, alter, reformat, edit, or remove any User Content, in whole or in part, whether at your request or at our sole discretion.

UNDER NO CIRCUMSTANCES SHALL TIGHTKNIT OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE PLATFORM. We do not control and are not responsible for what users post and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the Platform.

 Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Platform infringes on the intellectual property of a third party, you may send it to [email protected] To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Platform that infringes upon the copyright, and a declaration that (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Registration Information

You must provide TightKnit with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of these Terms. As part of the registration process you will be required to create a username and password. You understand that you may not (i) select or use the name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on your TightKnit account, and you must keep your account password secure. You must immediately notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

Termination and Suspension of Account

If we believe, in our sole discretion, that you are in breach of these Terms or are acting inconsistently with the letter or spirit of these Terms, we may limit, suspend or terminate your access to the Platform. We also reserve the right to suspend or terminate your access to the Platform for any reason.

Links to Other Sites and Connecting through Social Media

The Platform may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the Platform does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Platform to access these third-party websites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such Systems. We are not responsible for information provided by you to third parties.

Electronic Communications

Visiting the Platform, using the Platform, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on the Platform, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Indemnification

You agree to indemnify, defend, and hold harmless TightKnit, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Platform; your violation of these Terms; your violation of any rights of a third party; any claim that your content violates the intellectual property rights of a third party; or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Warranty and Limitation of Liability

TIGHTKNIT AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TIGHTKNIT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PLATFORM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIGHTKNIT AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TIGHTKNIT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Platform or under these Terms of Use, the Privacy Policy, and any legal notices on this Platform, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Miscellaneous Terms

These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the Platform.

Contact Information

To contact us, email us at [email protected].

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TightKnit, Inc.
[email protected]

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