Our Terms of Use

Latest Update: July 16, 2010

By using the Tischen.com website (“Service”), you (“You” or “Your”) are agreeing to be bound by the following terms and conditions herein (“Terms of Use”).

Tischen LLC (“Us”, “We” or “Our”) reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Your continued use of the Service after any such changes shall constitute Your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://tischen.com/terms.html
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  

1. ACCOUNT TERMS

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide Your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You may not create more than one profile per individual, duplicate Your profile under variant user names, or offer the same service as more than one person or profile.
  • You are responsible for maintaining the security of Your account and password. We cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under Your account.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including, but not limited to, copyright laws).

2. CONTENT

You understand that all information, including, but not limited to, offers, messages, text, files, images, graphics, pictures, photos, video, sounds, links, addresses, data, functionality or other materials (“Content”), that You or a third party allow, submit, post, obtain, email or transmit (or the like) to or through the Service is Your sole responsibility and not Our responsibility.  We do not control Your Content nor do We have any obligation to review, refuse, or remove any Content available via the Service.  You understand that by using the Service, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that We do not pre-screen or approve Content, but that We shall have the right (but not the obligation) in Our sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

3. ACCESS TO THE SERVICE

Subject to the Terms of Use, We grant You a non-exclusive, non-transferable, and revocable license to use the Service.  This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Us.

We permit You to display on Your website, or create a hyperlink on Your website to, individual user pages on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  If the total number of such postings displayed or linked to on Your website exceeds one hundred (100) postings, Your use will be presumed to be in violation of the Terms of Use, absent express permission granted by Us to do so.  You may also create a hyperlink to the Service home page so long as the link does not portray the Service, its users, or Us, Our employees or affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to You by Us immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, You must first obtain a license from Us.

4.  PRIVACY AND INFORMATION DISCLOSURE

We have established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.tischen.com/privacy

Your use of the Service signifies acknowledgement of and agreement to Our Privacy Policy, which may be updated from time to time without notice to You and is hereby incorporated by reference.

You understand and agree that You will provide to Us, and We will provide to You certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any third party without the prior written consent of the party disclosing the confidential information. We agree to protect Your confidential information in the same manner We protect the confidentiality of similar information and data of Our own, and at all times We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our confidential information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care.

You authorize Us to: (1) disclose the master username and master password that is used to access Your data in the Service to those persons to whom You have authorized Us in writing to disclose to; and (2) send electronic and other transmissions (pursuant to any additional oral or written instructions that You may give to Us from time to time) of any current and future data that is loaded into the Service to those persons to whom You have authorized Us in writing to disclose to.
You further acknowledge and agree that We may, in Our sole discretion, preserve or disclose Your Content, as well as Your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; and/or protect the rights, property, or personal safety of the Service, its users or the general public.

5. CONDUCT

You agree not to post, email, text, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or are harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in actual sexual conduct;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful  permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  • that impersonates any person or entity, including, but not limited to, an employee of Tischen, or falsely states or otherwise misrepresents Your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is false, deceptive, misleading, deceitful, misinforming, or constitute “bait and switch”;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • that advertises any service that is illegal or prohibited or restricted by any applicable law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of Content to the Service, or that otherwise negatively affect other users’ ability to use the Service; or
  • that employs misleading or manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, You agree not to:

  • contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Us;
  • post non-job-related or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Our infrastructure;
  • “stalk” or otherwise harass anyone; or
  • attempt to gain unauthorized access to Our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.

6. NO SPAM POLICY

You understand and agree that sending unsolicited email or SMS/text advertisements to the addresses or phone numbers of Service users or through Our computer systems is expressly prohibited by these Terms.  Any unauthorized use of Our computer systems is a violation of these Terms of Use and certain federal and state laws.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

7. PAYMENTS, RENEWALS, TAXES

You are entirely responsible for each individual job that You offer, request, receive or accept via the Service and for abiding by all local laws and regulations pertaining to the offer and performance of any job and payment of taxes on monies earned therefrom.  If We are required to collect or pay any taxes relating to Your use of the Service, You will be charged for all such taxes.  If You are tax exempt, You must provide Us with a valid tax exempt certificate authorized from the appropriate taxing authority.
All payments due are in U.S. dollars unless otherwise indicated.

We accept credit cards and PayPal as payment sources. All payments are final and non-refundable, except in Our sole discretion.  If Your use of the Service is terminated for any reason, whether by You or by Us, You will lose and forfeit any time remaining on Your account with Us.

A valid credit card or PayPal account is required for Tischen Plus paying accounts. Free accounts are not required to provide a credit card number.  All paying accounts are handled by PayPal, and We have no access to Your credit card or payment method information.  For Tischen Plus paying accounts, You must select from the following types of subscriptions for the Service: (i) yearly; (ii) quarterly; or (iii) month-to-month. All subscriptions to the Service are handled through PayPal, which defaults to renew subscriptions automatically. Accordingly, as of the anniversary date of Your subscription, You will be charged the rate You initially accepted for Your type of subscription to the Service. Your account is provided with the functionality to cancel future automatic renewals.

You authorize us to bill the payment source You provide to Us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately. We reserve the right to charge interest on all of Your past due accounts. Interest shall accrue at the rate of one and one-half percent per month or the highest maximum rate permitted by law, whichever is less, from the date such payment was due until fully satisfied. You are responsible for all of Our reasonable expenses (including attorneys’ fees) incurred by Us relating to collection activities associated with Your past due accounts.

The Service is billed in advance on a monthly basis and is non-refundable. You will be billed for Your first month immediately upon upgrading.  There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Downgrading Your Service may cause the loss of Content, features, or capacity of Your Account. We do not accept any liability for such loss.

8. LIMITATIONS ON SERVICE

We may establish limits concerning use of the Service, including the maximum number of email or SMS/text messages that can be sent or received through the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which You may access the Service. You agree that We have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that We reserve the right at any time to modify, suspend or discontinue the Service (or any part thereof) with or without notice, and that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

9. CANCELLATION AND TERMINATION

You agree that We, in our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of the Terms of Use.  Further, You agree that We shall not be liable to You or any third party for any termination of Your access to the Service. Further, You agree not to attempt to use the Service after said termination.  Sections 3, 4, 7-11, 13 and 14 shall survive termination of the Terms of Use.
Should You object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service.

10. THIRD PARTY CONTENT, SITES, AND SERVICES

Content available through the Service may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of the Service, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at Your own risk.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals.  You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, You understand and agree that We are under no obligation to become involved. In the event that You have a dispute with one or more other users, You hereby release Us, Our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or the Service.

11. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without Our express written consent. You further agree not to reproduce, duplicate or copy Content from the Service without our express written consent, and agree to abide by any and all copyright notices displayed on the Service.

You further understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code contained in the Service, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing the Service to any third party or permitting any Person other than You to use the Service.  Without limiting the foregoing, You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although We do not claim ownership of content that Service users post, by posting Content to any public area of the Service, You automatically grant, and You represent and warrant that You have the right to grant Us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, You automatically grant Us all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

12. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify Our agent for notice of claims of copyright or other intellectual property infringement (“Notice Agent”), at
abuse@tischen.com

Please provide our Notice Agent with the following Notice:

a) Identify the material on the Service that You claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by You declaring under penalty of perjury that (1) the above information in Your Notice is accurate, and (2) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.

Please consult the procedures outlined in the Digital Millenium Copyright Act (DMCA).  We are dedicated to operating in accordance with the U.S. Copyright Law and ask You to comply as well.

13. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.

14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to You.

15. YOUR INDEMNIFICATION OF US

You agree to indemnify, defend and hold Us, Our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any and all claims, demands, liabilities, damages and costs (including reasonable attorneys’ fees and all court and settlement costs) made by any third party relating to or arising out of: Content You submit, post or make available through the Service; Your use of the Service; Your violation of the Terms of Use; Your breach of any of the representations and warranties herein; Your infringement or misappropriation upon any patent, copyright, trade secret or trademark of any third party; or Your violation of any rights of another.

16. GENERAL INFORMATION

  • This Terms of Use constitutes the entire agreement between You and Us and governs your use of the Service, superseding any prior agreements between You and Us.  
  • The Terms of Use and the relationship between You and Us shall be governed by the laws of the State of New York without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York.  
  • Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.  
  • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. VIOLATION OF TERMS

Please report any violations of the Terms of Use, by emailing Us at:
abuse@tischen.com

Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.

18. FEEDBACK

We welcome Your questions and comments on this document.  Please email Us at:
feedback@tischen.com

Questions or comments?
We welcome your questions and comments on this document. Contact us.