Tiggbee Terms of Service
These terms of service (“Terms”) are a legally binding contract between you and TIGGBEE LLC, a Delaware limited liability company (“Tiggbee,” “we,” “us,” or “our”), that you are agreeing to by registering for a Tiggbee account, by participating in any events, or by accessing or using our website and/or our education and video platform (including any messaging, attachments, materials, or other functionality of any kind) or any part of it (the “Services”). If you do not agree with these Terms, do not register or use any of the Services.
If you are using the Services on behalf of an organization (for example, you are an account administrator), you are agreeing to these Terms for that organization and are promising to us that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization).
1. Registration and Accounts
If your account requires registration, you must complete the registration process by providing complete and accurate information. You must also provide and maintain one dedicated email address for communications with Tiggbee. You must be at least 13 years old to register for an account.
The Services have different levels of access and permissions for various users, includingpresenters (e.g., businesses and content creators), admins (e.g., teachers), and viewers (e.g., students). We may change such user roles at any time. If you are an account administrator, “your users” includes all of your presenters, admins, and viewers.
You are solely responsible for all files and information that you or your users upload to or share through Tiggbee and will ensure that your users comply with your obligations under these Terms. We may impose reasonable limits on uses of the Services to prevent degradation of theperformance of the Services for you or other users.
Only you may use your account and are responsible for your account. If you become aware of any unauthorized use of the Services or your account, please contact us immediately at firstname.lastname@example.org. In addition, you are solely responsible to ensure that your hardware, network, Internet connection, and other equipment meet the requirements to use the Services.
2. Changes to These Terms
We reserve the right to modify these Terms at any time. We will post the most current version of these Terms on our website. Any revisions to these Terms will be effective immediately upon posting by us. For any material changes to these Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
3. Changes to the Services
We are constantly changing and improving the Services. We may deploy changes, updates, or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether. Accordingly, either you or Tiggbee may terminate your use of any Service for any reason at any time. For scheduled downtime to the Services, we will attempt to notify you in advance via the Services, by email to your primary email address, and/or by other method or combination of methods.
4. Suspension or Termination of Your Account
We may suspend or terminate your account for any violation of these Terms, for any activities prohibited by these Terms, for circumstances beyond our control, or if required by law. If we do so, then your access to and use of the Services will be suspended or terminated immediately.
5. Customer Support
Customer support is available by phone, email, and through the Services. Please see the contact or about us page for more details. Customers may use these support resources to ask questions and to report errors or problems with the Services.
6. Consent to Electronic Communications and Solicitation
You agree that we may send you (including via email) information regarding the Services, such as notices about your use of the Services, updates to the Services and new features or offerings, and promotional information and materials. Notices emailed to you will be considered given and received when the email is sent.
7. Tiggbee Proprietary Rights
You are not being granted any rights whatsoever in any intellectual property or proprietary rights of Tiggbee or its licensors except for a limited, nonexclusive, nontransferable, non-assignableand revocable license to use the Services solely for your authorized use as described in and subject to these Terms. All right, title, and interest, including all patents, copyrights, trade secrets, and any other intellectual property or proprietary rights, in and to the Services are owned solely by Tiggbee and its licensors. This includes all know-how, technology, and other intellectual property or proprietary information developed during the provision of the Services.No title to or ownership of any intellectual property or proprietary rights related to the Services is transferred to you or anyone else pursuant to these Terms.
If you or your users provide comments, suggestions, or recommendations to us about the Services (“Feedback”), you and your users are automatically assigning any such Feedback to us.
8. Restrictions on Use
You agree not to decompile, reverse engineer, or undertake any similar efforts with respect to the Services. You will not create any derivative works of the Services. You will not access or use the Services to develop your own software or services, benchmark the Services, frame or mirror the Services, or copy or modify of any part of the Services.
Moreover, you agree that you will not, and that you will not you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization, or Tiggbee. You must not: (a) damage, disable, overburden, or impair the Services (or any connected network); (b) resell or redistribute the Services; (c) us e any unauthorized means to modify, reroute, or gain access to the Services or any part of the Services; (d) use any automated method to access or use the Services; (e) use the Services to distribute unsolicited promotional or commercial content or other unwanted solicitations; (f) cause or encourage any inaccurate measurements of genuine user engagement with the Services; (g) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; (h) sell, advertise, sponsor, or promote anything without Tiggbee’s prior written consent and a separate written agreement with Tiggbee with respect to such activities; or (i) use the Services to violate any law or anyone’s rights or to distribute malware or malicious content.
You are solely responsible for compliance with applicable laws and regulations related to your and your users’ use of the Services.
9. Your Content
All digital files (including videos, messages, live presentations, attachments, materials, or other content) that you or your users upload to or share through the Services (“Your Content”) is yours. You are solely responsible for Your Content. This includes making sure that you have all the rights you need to Your Content and that Your Content does not violate any law or these Terms or the Tiggbee Community.
All Tiggbee content must be appropriate for minors and comply with the Federal Trade Commission’s Children’s Online Privacy Protection Rule (COPPA) guidelines. Learn more here. Content must meet a Motion Picture Association of America rating of “G” – General audiences. All ages admitted. Learn more here. Also, be advised that we work closely with law enforcement and we report child endangerment.
By uploading or sharing Your Content to the Services, you grant to Tiggbee a worldwide, exclusive (with respect to any of Your Content that comprises a local or national event), perpetual, irrevocable, royalty-free, sublicensable and transferable license to use Your Content (including to reproduce, distribute, prepare derivative works, display, and perform it) in connection with the Services and Tiggbee’s (and its successors’ and affiliates’) business, including for the purpose of promoting and redistributing part or all of the Services. This also includes the right to aggregate anonymous data from Your Content regarding use and functioning of the Services by you and other users, and such aggregated data will be our property.
You also grant each other user of the Services a worldwide, nonexclusive, royalty-free license to access Your Content through the Services, and to use Your Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Services. For clarity, this license does not grant any rights or permissions for a user to make use of Your Content independent of the Services.
If we reasonably believe that any of Your Content is in breach of these Terms or may cause harm to Tiggbee, our users, or third parties, we may remove or take down all or any part of Your Content in our discretion.
We respect the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Your Content alleged to violate copyright laws or this Agreement and reserve the right to terminate the account(s) of violators.
If you believe there has been a violation of your intellectual property rights, please contact our designated copyright agent by email at email@example.com.
10. Third-Party Content and Integrations
Through the Services, you will have the ability to access and/or use content provided by presenters, admins, other users, and/or other third parties and links to websites and services maintained by third parties (“Third-Party Content”). Tiggbee cannot guarantee that such Third-Party Content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Tiggbee makes no warranties of any kind and assumes no liability of any kind related to your access or use of, or inability to access and use, any Third-Party Content.
TO THE EXTENT NOT PROHIBITED BY LAW, TIGGBEE (A) PROVIDES THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE"; (B) MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G., WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT); AND (C) DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the extent not prohibited by law, you agree to defend, indemnify, and hold harmless Tiggbee, its affiliates, officers, directors, employees and agents (“Tiggbee Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive any termination of these Terms or your use of the Services.
13. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE TIGGBEE PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF SUCH ENTITY OR PERSON HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE TIGGBEE PARTIES RELATING TO THE SERVICES WILL BE LIMITED TO TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY TIGGBEE FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, IN WHICH CASE SUCHLIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
14. Your Name and Logo
As part of the Services and in connection with the marketing, promotion, and display of the Services, we may reference you (including use of your branding) or Your Content. If you object to any such use, you will notify us, and we will not use your name or branding or will remove or alter your name or branding in any such materials as requested.
16. General Terms
We may assign, transfer, or otherwise dispose our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign these Terms or transfer any rights to use the Services, unless we allow you to do so in writing.
The failure of either of us to insist upon or enforce strict performance of any of the provisions of th ese Terms or to exercise any of our respective rights or remedies will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right, or remedy in that or any other instance, all of which will remain in full force and effect.
16.3 Entire Agreement; Severability
These Terms apply to the maximum extent permitted by law. If any government authority holds that we cannot enforce a part of these Terms as written, you and we will replace such part with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire agreement between you and us regarding its subject matter and supersedes any oral and written understandings, communications, or agreements regarding your use of the Services or other matters described in these Terms.
16.4 Governing Law; Jurisdiction
You agree that these Terms, and your relationship with Tiggbee will be governed by the laws of the State of California regardless of conflict-of -laws principles. However, some jurisdictions have laws that require agreements to be governed by the local laws of such jurisdiction for such users. This paragraph does not override those laws. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Orange County, California, and we each agree to exclusive personal jurisdiction in those courts. However, you agree that Tiggbee can apply for injunctive remedies in any jurisdiction. We both agree that the prevailing party in any action to enforce these Terms will be entitled to recover costs and expenses including, without limitation, reasonable attorneys’ fees and other legal costs.
Tiggbee and you are not legal or joint venture partners or agents. We are independent contractors. These Terms are solely for your and our benefit. It is not for the benefit of any other person, except for permitted assignees and successors.
16.6 Notice to California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210
16.7 U.S. Government Restricted Rights
If you, or any of your users, is a U.S. government entity or if these Terms otherwise become subject to the Federal Acquisition Regulations (FAR), you acknowledge that elements of the Services constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government user as commercial computer software and commercial computer software documentation subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. government end users acquire such software and documentation with only those rights set forth herein.