For use with the https://tickingtales.com (RO) site(s)
Hydra Media SRL and/or affiliates (“us/we/our” or “tickingtales”) run the Site(s). All rights are retained in respect of our service marks, trademarks, logos, and trade dress (“Marks”). The term “Site(s)” refers to the Site(s) located at www.tickingtales.com, any subsequent URL that may replace any of these Site(s), and any and all connected mobile site(s) and/or app(s), websites, URLs, and microsites that we provide. “You/your” refers to you as a user of the Site(s). “User” refers to all users of the Site(s). We provide the Site(s), including all information and services available through the Site(s), to you subject to your acceptance of all of the terms, conditions, policies, and notices mentioned above.
Please read these terms carefully. By using THE Site, you indicate that you are at least the age of majority in your jurisdiction and agree to the TERMS and all other rules outlined on this Site, including, but not limited to, our Privacy Policy. If you are NOT AT LEAST the age of majority in your jurisdiction or do not agree to these TERMS, you may not use the Site. If you have any questions, please send an email to [email protected]. If you do not agree to the Site Terms of Use, please do not use the Site(s).
YOUR CONTINUED USE OF THE SITE(S) CONSTITUTES YOUR AGREEMENT TO THESE SITE TERMS OF USE.
Binding Arbitration
THESE TERMS INCLUDE PROVISIONS THAT GOVERN HOW YOU AND TickingTales MAY BRING CLAIMS AGAINST EACH OTHER. WITH LIMITED EXCEPTION, YOU WILL BE REQUIRED TO SUBMIT CLAIMS AGAINST TickingTales TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 12 FOR DETAILS ON YOUR AGREEMENT TO ARBITRATE DISPUTES WITH TickingTales.
.Privacy Policy:
Tickingtales’’s Privacy Policy (the “Privacy Policy”) regulates your use of the Site and is incorporated into these Terms by reference. The Privacy Policy describes, among other things, what information is collected from visitors to the Site, how it is used and kept, and how visitors can limit the use or disclosure of information we collect. You consent to the collection and use of information submitted through the Sites under the terms of our Privacy Policy.
1. Intellectual Property Ownership and Use
1.1 You acknowledge and agree that the Marks, copyrights, and any and all other intellectual property rights in all material or content contained within the Site(s) shall remain at all times vested in us or, in the case where we are using such material or content with permission from a third party, in the owner of such material or content.
1.2
We grant you a limited right to access and use the Site(s) as our User. However, you are prohibited from:
a) reproducing, duplicating, copying, selling, or otherwise exploiting the Site(s) or any Site Content, including images, page layouts, designs, trade dress, trademarks, logos, or other materials, for commercial purposes;
b) using robots, spiders, or data mining/extraction tools or processes to monitor, extract, or copy Site Content;
c) employing meta tags, search terms, key terms, or similar identifiers containing the Site(s)’s name or our Marks;
d) engaging in activities that disrupt the Site(s) or hinder another user’s ability to use the Site(s);
e) modifying, creating derivative works from, reverse engineering, decompiling, or disassembling any technology used to operate the Site(s) and their offered goods or services;
f) assisting or encouraging third parties to engage in any prohibited activities outlined in these Site Terms of Use.
1.3
You may not use, copy, distribute, or exploit any Marks or Site Content without our prior written consent. Additionally, linking to this Site from any material or website that is pornographic, obscene, profane, defamatory, libelous, threatening, unlawful, or otherwise promotes unlawful conduct—such as activities constituting a criminal offense, civil liability, or violations of laws and regulations—is strictly forbidden. By linking to the Site(s), you agree to comply with these Site Terms of Use.
1.4
All Site Content, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, articles, posts, and data compilations found on the Site(s), is owned by us or used with proper authorization. This content is protected under U.S. and international trademark and copyright laws. No part of these materials may be reprinted or republished in any form without our express written permission.
2. Infringement Notice
2.1
We respect the intellectual property rights of others and expect our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or if your rights have been infringed or violated by content on the Site(s), please notify us via email at [email protected] with “COPYRIGHT NOTICE” in the subject line.
2.2
To assist us in addressing your claim effectively, your notification should include the following details:
- A physical or electronic signature of the owner of the infringed right or an authorized representative.
- A description of the copyrighted work or other right you believe has been infringed or violated.
- Information sufficient to locate the material in question on the Site(s).
- Your name, address, telephone number, email address, and any additional information that allows us to contact you.
- A statement affirming your good faith belief that the disputed use is not authorized by the rightful owner, their agent, or the law.
- A declaration, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the right or authorized to act on behalf of the owner.
2.3
If you believe in good faith that a copyright infringement notice has been wrongly filed against you, you may submit a counter-notice to [email protected]. Both notices and counter-notices must comply with the current statutory requirements of the Digital Millennium Copyright Act of 1998, as amended. For more information, visit https://www.copyright.gov/.
3. Errors and Inaccuracies
3.1
We aim to provide complete, accurate, and up-to-date information on the Site(s). However, despite our efforts, human or technological errors may occur. The Site(s) may include typographical errors, inaccuracies, or omissions, some of which may pertain to product pricing, availability, or events we promote. Additionally, some information may be incomplete or outdated. We reserve the right to correct any such errors, inaccuracies, or omissions, including after an order has been placed, and to modify or update information at any time without prior notice.
3.2
You acknowledge that the technical specifications and settings of your computer and its display may affect how accurately the colors and appearance of products on the Site(s) are rendered.
3.3 Force Majeure
We are not liable for any delay or failure to fulfill obligations or services related to the Site(s) if such delays or failures arise from causes beyond our reasonable control. These causes include but are not limited to acts of God, pandemics, labor disputes, industrial disturbances, systemic failures in electrical or telecommunications systems, natural disasters such as earthquakes or storms, blockages, embargoes, riots, governmental actions or orders, acts of terrorism, or war.
4. Changes to Site(s) or These Site Terms of Use
4.1
Except as required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site(s) or any part thereof, with or without notice. You acknowledge that we shall not be liable to you or any third party for any such modification, suspension, or withdrawal of the Site(s) or any portion of it.
4.2
We may update these Site Terms of Use periodically. Your continued use of the Site(s) or any part thereof after changes are made constitutes your acceptance of the updated terms. It is your responsibility to regularly review the Site Terms of Use for changes. If you disagree with any modifications, you must cease using the Site(s) immediately.
4.3
The Site(s) is subject to continuous updates and changes. You are not entitled to any compensation if you are unable to use any part of the Site(s) or if there is a failure, suspension, or withdrawal of all or part of the Site(s).
5. External Sites and Resources
We are not responsible for the availability of websites or resources owned or controlled by third parties. We do not endorse, nor are we liable for, the privacy practices, content (including misrepresentative or defamatory content), advertising, products, services, or other materials available on or from such third-party websites or resources. Furthermore, we are not responsible for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available from these external sites or resources.
6. Online Content
6.1
The Site(s) may include interactive features such as forums, message boards, or other services allowing users to post content (“Online Services”). While we are not obligated to monitor these Online Services, we reserve the right to do so. We are not responsible for the accuracy or content of user comments or other materials posted by users (“User Content”). User Content reflects the views of the individual user and not our own. We reserve the right, at our sole discretion, to edit, delete, or refuse to post any User Content for any reason.
6.2
Except for personal information handled per our Privacy Policy.
We have no obligations regarding User Content. You are solely responsible for the content you post and must comply with all applicable laws, rules, and regulations. You represent and warrant that you have all necessary rights, licenses, and permissions to post your User Content on the Site(s).
6.3
By using the Site(s), you agree not to:
- Upload, post, email, or transmit any material that:
- Is defamatory, libelous, threatening, abusive, harassing, obscene, hateful, or otherwise objectionable.
- Contains viruses, malware, or harmful code.
- Violates any intellectual property rights.
- Impersonate any person or entity or misrepresent your affiliation.
- Repeatedly post the same message or excessive, inappropriate content (“flooding”).
- Distribute unsolicited promotions, advertisements, or solicitations (e.g., spam, chain letters).
6.4
User Content may become public. Avoid posting personal information like your name, address, phone number, or email, as it could lead to unsolicited messages or other risks.
6.5
You are responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities under your account, whether authorized by you or not.
6.6
By submitting User Content, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the content in any media worldwide. We may use your User Content for any purpose, without compensation to you, including commercial purposes.
6.7
If you choose to interact or meet with other users, you do so at your own risk. We do not verify user identities and are not responsible for your interactions. You acknowledge the potential risks, including physical harm, when dealing with strangers or individuals acting under false pretenses.
6.8
The Site(s) is intended for users aged 18 and over. We do not knowingly allow users under 18 to submit User Content.
7. Disclaimers
7.1
The Site(s) is provided on an “as is” and “as available” basis without warranties or representations of any kind. We do not guarantee the accuracy of User Content, Site Content, or any other materials on the Site(s). This includes but is not limited to implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition, or completeness.
7.2
We do not warrant that the Site(s) will meet your requirements, function without interruptions, or be free of errors, viruses, or bugs. There is no guarantee that defects will be corrected or that the Site(s) or its servers are fully functional, accurate, or reliable.
8. Limitations on Liability
To the fullest extent permitted by law, we are not liable for:
- Economic losses, including but not limited to lost revenues, profits, contracts, business, or anticipated savings.
- Loss of goodwill, reputation, data, or any indirect, punitive, or consequential losses.
- Injuries caused by viruses, bugs, hardware/software malfunctions, or errors in transmissions or network connections.
This applies whether claims are based on warranty, contract, tort (including negligence), or any other legal theory.
9. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold us harmless from any claims, damages, losses, costs, and expenses, including legal fees, arising from:
- User Content you post to the Site(s).
- Breach of your representations, warranties, or these Site Terms of Use.
- Any liabilities resulting from your use of the Site(s) or by others accessing the Site(s) through your computer or internet account.
10. Investigations of Violations of These Terms
We reserve the right, but are not obligated, to investigate any reported violations of these Site Terms of Use. Actions we may take include, but are not limited to:
- Issuing warnings.
- Removing posted content.
- Reporting suspected illegal activities or regulatory violations to law enforcement, regulators, or other third parties.
11. State-Specific Notices (USA ONLY)
Notice for California Users:
In accordance with California Civil Code Section 1789.3, California residents may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Complaints can be submitted:
- In writing to:
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 - By telephone:
(916) 445-1254 or (800) 952-5210 - By email:
[email protected]
12. Choice of Law and Binding Arbitration Clause
12.1 Governing Law
By using the Site(s), you agree that your visit, these Site Terms of Use, and any disputes arising from or related to your use of the Site(s) shall be governed by the laws of the European Union, without regard to conflict of law principles.
12.2 Venue
All claims, including breach of contract, tort, statutory violations, or other causes of action, shall be resolved exclusively in European Union, Romania. Both parties submit to the personal jurisdiction of this venue and waive objections based on forum non conveniens or other grounds.
12.3 Pre-Arbitration Resolution
Before initiating arbitration, the party raising a dispute must notify the other party in writing, detailing the dispute and desired resolution. Notices to us should be sent to [email protected], with “DISPUTE NOTICE” in the subject line. The parties will attempt to resolve the issue in good faith before proceeding to arbitration.
12.4 Findings and Conclusions
The arbitrator will provide written findings of fact and conclusions of law. The arbitrator’s decision is final and binding, and judgment may be entered in a court of competent jurisdiction.
12.5 Costs and Fees
Each party will bear its own costs and an equal share of arbitration fees. Prevailing parties may seek reimbursement for fees, but frivolous claims may result in the losing party covering the other’s attorney’s fees.
12.6 Coordinated Arbitration
If multiple disputes involve similar issues filed by the same law firm or group, JAMS may coordinate arbitration demands with a single arbitrator and hearing to streamline the process.
12.7 Intellectual Property
We may pursue legal action in European Union courts to protect our intellectual property rights.
This arbitration agreement survives the termination of these Site Terms of Use.
13. Class-Action Waiver
By using this Site, you and we expressly waive the right to participate in any class action proceedings in any forum. All claims or proceedings will be conducted individually, not as part of a class action, mass action, or consolidated/representative action. The arbitrator is not authorized to award class-wide relief or combine claims. You also agree not to initiate arbitration as a representative of others.
If a claim proceeds in court rather than arbitration, both parties waive the right to a jury trial. Any challenge to the enforceability of this Class-Action Waiver must be resolved by a court, not an arbitrator.
14. Miscellaneous
14.1 Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be severed from the Terms without affecting the validity or enforceability of the remaining provisions.
14.2 Entire Agreement
These Site Terms of Use, along with the Privacy Policy and any other agreements posted on the Site, represent the entire agreement between you and us regarding the use of the Site. They supersede all prior agreements, whether written or oral. No oral statements will modify these Terms. By agreeing to these Terms, you confirm you have not relied on any representations not expressly included in the agreement.
These Terms are governed by the laws of the European Union. Subject to the arbitration clause, disputes will be resolved in the courts of European Union, Romania. However, we reserve the right to initiate proceedings in other jurisdictions, subject to the arbitration clause.
14.3 Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for more details.
15. Contact Information
You can send notices or communicate with us by email at [email protected]. If you do not receive a response to your email within ten (10) business days, please send another email, as we may not have received your previous message. By emailing us, you consent to electronic communication, and you acknowledge that such communications are not confidential. Please do not send confidential information by email.
DATE LAST MODIFIED: January 2025