This page sets out the terms and conditions that govern your use of certain The Tuned Cup products or services, including thetunedcup.com, offered by The Tuned Cup (“The Tuned Cup”, “us” or “we”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY THE TUNED CUP PRODUCT OR SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS.
For information on how The Tuned Cup collects, uses and shares personal information, please see our Privacy Policy. If you live outside the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in that Privacy Policy under the laws of your jurisdiction.
1. General rules and definitions
1.1 If you choose to use The Tuned Cup products or services displaying or otherwise governed by these Terms of Service, including thetunedcup.com (the “Site”) and any of its features — including but not limited to RSS feeds, APIs, software and other downloads (together, the “Services”) — you agree to abide by all of the terms and conditions of these Terms of Service between you and The Tuned Cup.
1.2 We may change, add or remove parts of these Terms of Service at any time by notifying you of the change in writing, including by email or by updating the date above after “last revised”. Such changes become effective immediately on posting. It is your responsibility to review these Terms before each use of the Site.
1.3 If any of the terms and conditions of these Terms of Service, or any future change to them, are unacceptable to you, you may stop using the Services. Your continued use of the Services now, or after updated Terms are posted, indicates your acceptance of those Terms, changes or modifications.
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and services, or restrict your access to part or all of the Services, without notice or liability.
1.5 Being shown advertising is a condition of accessing the Services.
2. Content on the Services
2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All material published or available on the Services — including but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, the “look and feel”, metadata, data and compilations, all also known as the “Content” — is protected by copyright, and owned or controlled by The Tuned Cup or by the party credited as the provider of that Content. You must abide by any additional copyright notices, information or restrictions contained in Content accessed through the Services.
2.2 The Services and the Content are protected by copyright, trademark, patent, trade-secret, database and sui generis rights and other intellectual or proprietary rights. You may not modify, publish, transmit, take part in the transfer or sale of, reproduce (except as allowed in section 2.3), create new works from, distribute, perform, display or in any way exploit any of the Content or the Services, in whole or in part.
2.3 You may download or copy Content and other downloadable items displayed on the Services for your personal use only, provided you keep all copyright and other notices they carry.
3. User-generated content
3.1 If you upload, post or submit any content to the Services, you represent that you have all the necessary legal rights to do so and that it will not break any law or infringe anyone’s rights. You must not upload libellous, defamatory, obscene, pornographic, abusive or otherwise illegal material. You agree not to knowingly provide materially misleading information with intent to defraud.
3.2 The Services may be used only in a non-commercial manner. You must not distribute or publish any material containing a solicitation of funds, advertising or a solicitation for goods or services without the express approval of The Tuned Cup.
3.3 You acknowledge that any submission you make to the Services may be used, edited, removed, modified, published, transmitted and displayed by The Tuned Cup, and you waive any rights you may have in having the material altered or changed in a way you do not agree with.
3.4 You grant The Tuned Cup a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable license to your submissions, which includes the right to use, copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag, encode, modify and adapt them in any form or medium now known or developed at any time.
3.5 You are solely responsible for the content of your submissions. The Tuned Cup reserves the right to delete, move or edit submissions that it, at its sole discretion, considers abusive, defamatory, obscene, in breach of copyright or trademark law, or otherwise unacceptable.
4. Prohibited use of the Services
4.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in breach of applicable law, or in breach of our or any third party’s intellectual property or other proprietary or legal rights. Without The Tuned Cup’s prior written consent, you must not:
- access any part of the Services you do not have permission to access;
- use robots, spiders, scripts or any automated means to scrape the Content or data from the Services;
- use the Content to develop any software program, model, algorithm or generative AI tool;
- use any means designed to circumvent a restriction or technological measure that controls access to the Services;
- cache or archive the Content, except for a public search engine’s use of spiders to create search indices;
- take any action that places an unreasonable load on our network or infrastructure;
- do anything that could disable, damage or change how the Services work or look.
4.2 Engaging in a prohibited use of the Services may result in civil, criminal or administrative penalties, fines or sanctions against the user.
5. Warranties, indemnity and limitation of liability
5.1 You represent, warrant and covenant that: (1) no material submitted through your account will violate, plagiarise or infringe the rights of any third party; and (2) you are at least thirteen years old if you are in the USA or the UK, and sixteen years old anywhere else. You indemnify, defend and hold harmless The Tuned Cup and all its officers, directors, owners, agents, information providers, affiliates, licensors and licensees against any liability and costs arising out of any breach by you of these Terms of Service.
5.2 THE TUNED CUP DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED THROUGH THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL, FINANCIAL OR TAX ADVICE.
5.3 IN NO EVENT WILL THE TUNED CUP BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR COMPUTER FAILURE OR MALFUNCTION.
6. Fees and payments
6.1 We reserve the right to charge fees at any time for access to parts of the Services, or to the Services as a whole. You will never be charged for access to the Services unless we obtain your prior agreement to pay.
7. Third-party content and links
7.1 The Services contain links to third-party websites, services, resources and advertisers (together, “Linked Content”). The Tuned Cup does not control, endorse, sponsor, recommend or otherwise accept responsibility for any Linked Content. We encourage you to notice when you are leaving the Services, and to read the terms and the privacy policy of every third-party site or service you visit.
Your dealings with organizations or individuals found on or through the Services, including payment for and delivery of goods or services, are solely between you and those organizations or individuals.
8. Software licenses
We grant you a limited, revocable, non-transferable license to use any application (“Apps”) on devices you own or have a legal right to use, in accordance with these Terms of Service. You may not sublicense, assign or transfer any license granted by The Tuned Cup.
9. Governing law and jurisdiction
9.1 These Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the State of New York, as an agreement wholly performed in the State of New York.
9.2 Any claim or cause of action arising out of or related to your use of the Services or to these Terms of Service must be filed within one year after that claim or cause of action arose, or be forever barred.
The kettle has not read these terms, does not accept them, and is currently boiling over.
