Home Terms Of Service

Terms Of Service

The
following terms and conditions govern all use of the tatricks.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 tatricks (“tatricks”). The Website is offered subject to
your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including,
without limitation, taricks’s Privacy Policy) and procedures that may be
published from time to time on this Site by tatricks (collectively, the
“Agreement”).
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 tatricks, acceptance is expressly
limited to these terms. The Website is available only to individuals who
are at least 13 years old.

  1. Your tatricks.com Account and Site. If you create a
    blog/site on the Website, you are responsible for maintaining the
    security of your account and blog, and you are fully responsible for all
    activities that occur under the account and any other actions taken in
    connection with the blog. You must not describe or assign keywords to
    your blog in a misleading or unlawful manner, including in a manner
    intended to trade on the name or reputation of others, and tatricks may
    change or remove any description or keyword that it considers
    inappropriate or unlawful, or otherwise likely to cause tatricks
    liability. You must immediately notify tatricks of any unauthorized uses
    of your blog, your account or any other breaches of security. tatricks
    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.
  2. Responsibility of Contributors. If you operate a
    blog, comment on a blog, 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, 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 blog is not getting advertised via unwanted electronic messages
      such as spam links on newsgroups, email lists, other blogs and web
      sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into
      thinking that you are another person or company. For example, your
      blog’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 tatricks or
      otherwise.

    By submitting Content to tatricks for inclusion on your Website, you
    grant tatricks 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 blog. If you delete
    Content, tatricks 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, tatricks
    has the right (though not the obligation) to, in taricks’s sole
    discretion (i) refuse or remove any content that, in taricks’s
    reasonable opinion, violates any tatricks 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 taricks’s
    sole discretion. tatricks will have no obligation to provide a refund of
    any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay tatricks the
      one-time and/or monthly or annual subscription fees indicated
      (additional payment terms may be included in other communications).
      Subscription payments will be charged on a pre-pay basis on the day you
      sign up for an Upgrade and will cover the use of that service for a
      monthly or annual subscription period as indicated. Payments are not
      refundable.
    • Automatic Renewal.
      Unless you notify tatricks before the end of the applicable subscription
      period that you want to cancel a subscription, your subscription will
      automatically renew and you authorize us to collect the then-applicable
      annual or monthly subscription fee for such subscription (as well as any
      taxes) using any credit card or other payment mechanism we have on
      record for you. Upgrades can be canceled at any time by submitting your
      request to tatricks in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account
      you agree to pay tatricks the applicable setup fees and recurring fees.
      Applicable fees will be invoiced starting from the day your services
      are established and in advance of using such services. tatricks reserves
      the right to change the payment terms and fees upon thirty (30) days
      prior written notice to you. Services can be canceled by you at anytime
      on thirty (30) days written notice to tatricks.
    • Support. If your service includes access to
      priority email support. “Email support” means the ability to make
      requests for technical support assistance by email at any time (with
      reasonable efforts by tatricks to respond within one business day)
      concerning the use of the VIP Services. “Priority” means that support
      takes priority over support for users of the standard or free
      tatricks.com services. All support will be provided in accordance with
      tatricks standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. tatricks
    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, tatricks 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. tatricks 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.
  6. 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
    tatricks.com links, and that link to tatricks.com. tatricks does not
    have any control over those non-tatricks websites and webpages, and is
    not responsible for their contents or their use. By linking to a
    non-tatricks website or webpage, tatricks 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. tatricks disclaims any responsibility for any harm resulting
    from your use of non-tatricks websites and webpages.
  7. Copyright Infringement and DMCA Policy. As tatricks
    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 tatricks.com violates your copyright, you
    are encouraged to notify tatricks in accordance with taricks’s Digital
    Millennium Copyright Act (“DMCA”) Policy. tatricks will respond to all
    such notices, including as required or appropriate by removing the
    infringing material or disabling all links to the infringing material.
    tatricks 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 tatricks or others. In the case of such termination, tatricks will
    have no obligation to provide a refund of any amounts previously paid to
    tatricks.
  8. Intellectual Property. This Agreement does not
    transfer from tatricks to you any tatricks or third party intellectual
    property, and all right, title and interest in and to such property will
    remain (as between the parties) solely with tatricks. tatricks,
    tatricks.com, the tatricks.com logo, and all other trademarks, service
    marks, graphics and logos used in connection with tatricks.com, or the
    Website are trademarks or registered trademarks of tatricks or taricks’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 tatricks or third-party trademarks.
  9. Advertisements. tatricks reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. tatricks reserves the right to display
    attribution links such as ‘Blog at tatricks.com,’ theme author, and
    font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product
    (e.g. theme) from one of our partners, you agree to that partner’s terms
    of service. You can opt out of their terms of service at any time by
    de-activating the partner product.
  12. Domain Names. If you are registering a domain name,
    using or transferring a previously registered domain name, you
    acknowledge and agree that use of the domain name is also subject to the
    policies of the Internet Corporation for Assigned Names and Numbers
    (“ICANN”), including their Registration Rights and Responsibilities.
  13. Changes. tatricks 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.
    tatricks 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.
  14. Termination. tatricks 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 tatricks.com account (if you have one), you may simply
    discontinue using the Website. Notwithstanding the foregoing, if you
    have a paid services account, such account can only be terminated by
    tatricks if you materially breach this Agreement and fail to cure such
    breach within thirty (30) days from taricks’s notice to you thereof;
    provided that, tatricks can terminate the Website immediately as part of
    a general shut down of our service. 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.
  15. Disclaimer of Warranties. The
    Website is provided “as is”. tatricks 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 tatricks
    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.
  16. Limitation of Liability. In no
    event will tatricks, 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; (iii) for interruption
    of use or loss or corruption of data; or (iv) for any amounts that
    exceed the fees paid by you to tatricks under this agreement during the
    twelve (12) month period prior to the cause of action. tatricks 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.
  17. General Representation and Warranty. You represent
    and warrant that (i) your use of the Website will be in strict
    accordance with the tatricks Privacy Policy, with this Agreement and
    with all 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 party.
  18. Indemnification. You agree to indemnify and hold
    harmless tatricks, 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.
  19. Miscellaneous. This Agreement constitutes the
    entire agreement between tatricks and you concerning the subject matter
    hereof, and they may only be modified by a written amendment signed by
    an authorized executive of tatricks, or by the posting by tatricks 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 Assam,India, excluding its conflict
    of law provisions, 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 Guwahati,Assam. Except for claims for injunctive or equitable
    relief or claims regarding intellectual property rights (which may be
    brought in any competent court without the posting of a bond), any
    dispute arising under this Agreement shall be finally settled in
    accordance with the Comprehensive Arbitration Rules of the Judicial
    Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators
    appointed in accordance with such Rules. The arbitration shall take
    place in Guwahati,Assam, 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; tatricks 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.