Terms Of Service

Terms of Service

The following terms and conditions govern all use of the Trickseries website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Trickseries(“Trickseries”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, trickseries Privacy Policy) and procedures that may be published from time to time on this Site by Trickseries (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Trickseries, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1.     Your Trickseries Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Trickseries may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Trickseries liability. You must immediately notify Trickseries of any unauthorised uses of your blog, your account or any other breaches of security. Trickseries will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2.     The Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
i) The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

ii) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

iii) You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

vi) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

v) The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

xvi) The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

vii) Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;

vii) Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and

ix) You have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Trickseries or otherwise.

By submitting Content to Trickseries for inclusion on your Website, you grant Trickseries a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Trickseries will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Trickseries has the right (though not the obligation) to, in Trickseries sole discretion (i) refuse or remove any content that, in Trickseries reasonable opinion, violates any Trickseries policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Trickseries sole discretion. Trickseries will have no obligation to provide a refund of any amounts previously paid.

3.     The Responsibility of Website Visitors. Trickseries has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Trickseries does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Trickseries disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4.     Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Trickseries links, and that link to Trickseries. Trickseries does not have any control over those non-Trickseries websites and the web pages, and is not responsible for their contents or their use. By linking to a non-Trickseries website or web page, Trickseries does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Trickseries disclaims any responsibility for any harm resulting from your use of non-Trickseries websites and web pages.
5.     Copyright Infringement and DMCA Policy. As Trickseries asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Trickseries violates your copyright, you are encouraged to notify Trickseries in accordance with Trickseries  Digital Millennium Copyright Act (“DMCA”) Policy. Trickseries will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Trickseries will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Trickseries or others. In the case of such termination, Trickseries will have no obligation to provide a refund of any amounts previously paid to Trickseries.
6.     Advertisements. Trickseries reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
7.     Attribution. Trickseries reserves the right to display attribution links such as ‘Blog at Trickseries’, theme author, and font attribution in your blog footer or toolbar.
8.     Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
9.     Changes. Trickseries reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Trickseries may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Disclaimer of Warranties. The Website is provided “as is”. Trickseries and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Trickseries nor its suppliers and the licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Trickseries Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.