We (the folks at tSaboin Solutions) run a service called Tsaboin TrafficTalk and would love for you to use it. Tsaboin TrafficTalk is a stream-oriented social network service dedicated for reporting road traffic updates.Our service is designed to give you as much control and ownership over what goes in your notice stream or traffic update as possible and encourage you to express yourself freely. However, be responsible in what you post as traffic updates. In particular, make sure that none of the prohibited items listed below appear in your notice stream or traffic update or get linked to from your notice stream or traffic update (things like spam, viruses, or hate content).
You can review our General Update to get a sense of the types of traffic updates that are welcome on our service (or not!). If you find a Tsaboin TrafficTalk account that you believe violates our terms of service, please check our Contact.
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 Operator, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- General. Operator reserves the right to change or discontinue any aspect or feature of the site at any time. Operator reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Operator will not be liable to you or to any third party should it exercise such rights. Material on this site is provided for lawful purposes only. THE USE OF THE WEBSITE OR ANY PART OF THE TSABOIN TRAFFICTALK CONTENT, EXCEPT FOR USE OF THE CONTENT AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
- Your Tsaboin TrafficTalk Account and Site. If you create a notice stream or traffic update on the Website, you are responsible for maintaining the security of your account and notice stream or traffic update, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the notice stream or traffic update. You must not describe or assign keywords to your notice stream or traffic update in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Operator may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Operator liability. You must immediately notify Operator of any unauthorized uses of your notice stream or traffic update, your account or any other breaches of security. Operator 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.
- Responsibility of Contributors. If you operate a notice stream or traffic update, comment on a notice stream or traffic update, 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:
- 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;
- 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;
- 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;
- the Content does not contain or install any viruses, worms, malware,Trojan horses or other harmful or destructive content;
- the Content is not spam, 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);
- if the Content is machine- or randomly-generated, it is for purposes of direct entertainment, information and/or utility for you or other users, and not for spam,
- the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your notice stream or traffic update is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other notice stream or traffic updates and web sites, and similar unsolicited promotional methods;
- your notice stream or traffic update is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your notice stream or traffic update’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code,accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Operator or otherwise.
By submitting Content to Operator for inclusion on your Website, you grant Operator 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 notice stream or traffic update.
If you delete Content, Operator 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, Operator has the right (though not the obligation) to, in Operator’s sole discretion (i) refuse or remove any content that, in Operator’s reasonable opinion, violates any Operator 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 Operator’s sole discretion.
- Responsibility of Website Visitors. Operator 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,Operator 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. Operator 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.
- Redistribution. No part of this Web site, whether complete or otherwise, may be rebroadcast on television or cable, or set within a “frame” of another Web site, without the express written consent of Operator. No part of partner sites, video feeds, applications or content provided by Tsaboin TrafficTalk may be used in any type of application without the express written consent of Operator. You do not have the right to use the content of this site, or any Tsaboin TrafficTalk content on any site, for any purpose other than your own private viewing.In the event of any permitted redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using copyrighted material.
- 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 Tsaboin TrafficTalk links, and that link to Tsaboin TrafficTalk. Operator does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Operator 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. Operator disclaims any responsibility for any harm resulting from your use of external websites and webpages.
- Copyright Infringement and DMCA Policy. As Operator 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 Tsaboin TrafficTalk violates your copyright, you are encouraged to notify Operator in accordance with Operator’s Digital Millennium Copyright Act (”DMCA”) Policy. Operator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Operator or others, Operator may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Operator will have no obligation to provide are fund of any amounts previously paid to Operator.
- Intellectual Property. This Agreement does not transfer from Operator to you any Operator or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Operator. Tsaboin TrafficTalk, the Tsaboin TrafficTalk logo, and all other trademarks, service marks, graphics and logos used in connection with Tsaboin TrafficTalk, or the Website are trademarks or registered trademarks of Operator or Operator’s licensors. Other trademarks, service marks,graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Operator or third-party trademarks.
- Changes. Operator 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. Operator 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.
- Termination. Operator may terminate your access to all or any part of the Website at any time, with or without cause,with or without notice, effective immediately. If you wish to terminate this Agreement or your Tsaboin TrafficTalk account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties; Limitation of Liability. Operator attempts to provide the best service reasonably available, but situations will occur that disrupt service or cause misinformation. The material presented on Tsaboin TrafficTalk cannot be guaranteed as to accuracy or timeliness. This information depends on a number of conditions, including Internet availability, communications networks, and computer equipment which are beyond the control of Tsaboin TrafficTalk and difficult to predict. Because weather, road and traffic conditions change rapidly, drivers are in the best position to perceive such conditions and adjust their driving accordingly. Those relying on information presented on this site or partner sites do so at their own risk, and neither Tsaboin TrafficTalk, nor any of its employees or agents shall be liable for either the timeliness or accuracy of this information or any actions taken based on the information. The Website is provided“as is”. Operator and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither Operator nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through,the Website at your own discretion and risk.In no event will Operator, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Operator under this agreement during the twelve (12) month period prior to the cause of action. Operator shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Operator, its contractors, and its licensors, and the irrespective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Operator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Operator, or by the posting by Operator of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Operator may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You may contact us concerning any question about the Service, through the “Contact Us” page on the Site (web address: about.tsaboin.com/contact). We will make our best efforts to address your inquiry promptly.