Welcome to Tankee!
PLEASE READ THIS DOCUMENT CAREFULLY. Tankee, Inc. ("Tankee," "we," or "us") offers a mobile entertainment platform and community through its website located at Tankee.com ( the "Tankee Site"), mobile applications and other online services (collectively and including the Tankee Site, the "Tankee Service"). By registering as a member or by using the Tankee Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between Tankee and the user of the Tankee Service. These Terms of Service binds both you and your child (collectively “You”). If You do not wish to be bound by these Terms of Service, do not use the Tankee Service. These Terms of Service may change at any time.
Over time, it may be necessary to modify or supplement these Terms of Service. When we make changes, we will post the changes to the Tankee Service and change the date at the top of the Terms of Service. The amended Terms of Service will be effective upon posting on the Tankee Service. We encourage you to visit the Tankee Service from time to time to review our Terms of Service in the event they have changed. Your continued use of the Service following the posting of changes to the Terms of Service means that you accept the changes and that you will use the Service in accordance with the revised Terms of Service.
If we make any material changes to these Terms of Service, we will notify you of changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to these Terms of Service by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Service. If you do not agree to the changes, you should discontinue your use of the Tankee Service prior to the time the modified Terms of Service take effect.
1. Who May Use the Tankee Service
AGE REQUIREMENT: If you are a child, you must have your parent or legal guardian's permission to use the Tankee Service. Please have him or her read these Terms of Service with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Tankee Service, you agree to the terms of these Terms of Service on behalf of both you and your child. You are responsible for monitoring and supervising your child's use of the Tankee Service. If you have questions about the Tankee Service or any of the content available to your child on the Tankee Service, please contact us firstname.lastname@example.org.
2. License to Use the Tankee Service
LICENSE: Tankee grants you a limited, non-exclusive license to access and use the Tankee Service for your own personal, non-commercial purposes. This includes the right to view content available on the Tankee Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Tankee in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Tankee Service or any source code therein. Nor will you attempt to circumvent any of Tankee's technical measures or take any measures to interfere with or damage the Tankee Service. All rights not expressly granted by Tankee are reserved.
- What information we may collect about you and your child;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the Tankee Service, you must register by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Tankee and notify us if your information changes. If you are a parent providing consent for a child under the age of 13, we may ask you for additional identifying information such as your full name, address and telephone number.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer or mobile device that others have access to, you must log out of your account after using the Tankee Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Term and Termination; Account Deletion
TERM: These Terms of Service begins on the date you first use the Tankee Service and continues unless terminated as set forth below.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Tankee Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Tankee may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Tankee determines that you have violated any provision of these Terms of Service or that your conduct or content would tend to damage Tankee's reputation and goodwill. If Tankee deletes your account for the foregoing reasons, you may not re-register for the Tankee Service. Tankee may employ technical measure to prevent you re-registering with the Tankee Service.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Tankee will terminate. Sections 6 and 8 through 12 shall survive termination. In the event of account deletion for any reason, all content that had access to will no longer be available to you. Tankee shall not be responsible for the loss of such content.
6. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
7. Code of Conduct
When using the Tankee Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam"; or
- Collect information about others.
You will indemnify, defend, and hold harmless Tankee and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Tankee Service; (ii) assert a violation by You of any term of these Terms of Service; or (iii) assert that any content you submitted to Tankee violates any law or infringes any third party right, including any intellectual property or privacy right.
9. Third Party Copyrights and Other Rights
Tankee respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into these Terms of Service. For other intellectual property claims, please send us a notice at email@example.com.
Tankee provides the Tankee Service on an "as is" and "as available" basis. You therefore use the Tankee Service at your own risk. Tankee expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Tankee makes no representations or warranties:
- That the Tankee Service will be uninterrupted or error-free;
- Concerning any information or content submitted by any member;
- Concerning any third party's use of information or content that you submit;
- That any information or content you submit will be made available on the Tankee Service or will be stored by Tankee;
- That Tankee will continue to support any particular feature of the Tankee Service; or
- Concerning sites and resources outside of the Tankee Service, even if linked to from the Tankee Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Tankee Service, and no warranties shall apply after such period.
11. Limitation of Liability
To the fullest extent permitted by law Tankee shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.
12. General Provisions
GOVERNING LAW: These Terms of Service shall be governed by the laws of the State of Texas, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to these Terms of Service or your use of the Tankee Service must be commenced in the state or federal courts located in Travis County, Texas, United States of America (and you consent to the jurisdiction of those courts). In any such action, Tankee and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of these Terms of Service. If any term of these Terms of Service is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Service. No failure or delay by Tankee in exercising any right hereunder will waive any further exercise of that right. Tankee's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: These Terms of Service is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms of Service without Tankee's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Tankee electronically. Tankee may provide all such communications by email or by posting them on the Tankee Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Tankee at legal[at]Tankee[dot]com or the following address:
7500 Rialto Blvd.
Building 1 Suite 250
Austin, TX 78735
Nothing herein shall limit Tankee's right to object to subpoenas, claims, or other demands.
MODIFICATION: These Terms of Service may not be modified except by a revised Terms of Service posted by Tankee on the Tankee Site or a written amendment signed by an authorized representative of Tankee. A revised Terms of Service will be effective as described in the second paragraph of these Terms of Service.
ENTIRE AGREEMENT: These Terms of Service incorporate the following documents by reference:
These Terms of Service constitutes the entire understanding between Tankee and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.