We run a website called tinyblu.com and
would love for you to use it.
Our basic service is free, so please do not abuse it.
The following terms and conditions govern all use of the tinyblu.com website
and all content, services and products available at or through the website
(taken together, the Website). The Website is owned and operated by tinyblu.com
("Tinyblu"). The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other
be published from time to time on this Website by Tinyblu (collectively, the
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
Tinyblu, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years old.
Your tinyblu.com Account.
If you create an account on the Website, you are responsible for maintaining
the security of your account, and you are fully responsible for all activities
that occur under the account and any other actions taken in connection with the
account. Tinyblu may change or remove any content that it considers
inappropriate or unlawful, or otherwise likely to cause Tinyblu liability. You
must immediately notify Tinyblu of any unauthorized uses of your account, or
any other breaches of security. Tinyblu 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 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, or
other information. By making Content available, you represent and warrant that:
the 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;
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);
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;
your account is not named in a manner that misleads other users into
thinking that you are another person or company;
By submitting Content to Tinyblu, you grant Tinyblu a world-wide, royalty-free,
and non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying your account to you. If you delete
Content, Tinyblu will use reasonable efforts to remove it from the Website, but
you acknowledge that caching or references to the Content may not be made
Without limiting any of those representations or warranties, Tinyblu has the
right (though not the obligation) to, in Tinyblu's sole discretion (i) refuse
or remove any content that, in Tinyblu's reasonable opinion, violates any
Tinyblu 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 Tinyblu's sole discretion.
Responsibility of Website Visitors.
Tinyblu has not reviewed, and cannot review, all of the material posted to the
Website, and cannot therefore be responsible for that material's content, use
or effects. By operating the Website, Tinyblu 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. Tinyblu 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.
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
tinyblu.com links, and that link to tinyblu.com. Tinyblu does not have any
control over those non-tinyblu websites and webpages, and is not responsible
for their contents or their use. By linking to a non-tinyblu website or
webpage, Tinyblu 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. Tinyblu disclaims any responsibility for
any harm resulting from your use of non-tinyblue websites and webpages.
Copyright Infringement and DMCA Policy.
As Tinyblu 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 tinyblu.com violates your copyright, you are
encouraged to notify Tinyblu in accordance with Tinyblu's
Digital Millennium Copyright Act ("DMCA") Policy. Tinyblu
will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing
material. Tinyblu 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 Tinyblu or
This Agreement does not transfer from Tinyblu to you any Tinyblu or third party
intellectual property, and all right, title and interest in and to such
property will remain (as between the parties) solely with Tinyblu. Tinyblu,
tinyblu.com, the tinyblu logo, and all other trademarks, service marks,
graphics and logos used in connection with tinyblu.com, or the Website are
trademarks or registered trademarks of tinyblu.com. 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 Tinyblu or third-party trademarks.
Tinyblu reserves the right to display advertisements on your account page and
any pages of the Website.
Tinyblu reserves the right to display attribution links such as "powered by
tinyblu.com" on your account page.
Tinyblu 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. Tinyblu 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.
Tinyblu 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 tinyblu.com 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.
The Website is provided "as is". Tinyblu 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 Tinyblu nor its suppliers and 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.
Limitation of Liability.
In no event will Tinyblu, 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 for substitute products
or services; or (iii) for interruption of use or loss or corruption of data.
Tinyblu 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.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict
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
You agree to indemnify and hold harmless Tinyblu, its contractors, and its
licensors, and their respective 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 your violation of
This Agreement constitutes the entire agreement between Tinyblu and you
concerning the subject matter hereof, and they may only be modified by the
posting by Tinyblu of a revised version. Except to the extent applicable law,
if any, provides otherwise, this Agreement, any access to or use of the Website
will be governed by the laws of the state of Massachusetts, U.S.A., and the
proper venue for any disputes arising out of or relating to any of the same
will be the state and federal courts located in Boston, Massachusetts. Any
dispute arising under this Agreement shall be settled in Boston, Massachusetts,
in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement
shall be entitled to costs and attorneys' fees. 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; Tinyblu 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.