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Tuuci

Terms & Conditions

Effective date: January 3, 2022

Please read these Terms and Conditions (these “Terms”) carefully before using tuuci.com (the “Service”) operated by Tuuci®, LLC (“Tuuci”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing, using, or downloading anything from the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access, use, or download from the Service.

These Terms apply to all visitors, users and others who use, access or wish to access or wish to use the Service.

Details

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use a username that is not available for use, offensive, vulgar, obscene, or trademarked or subject to the rights of another person or entity, without appropriate authorization.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim, using this FORM, via email to info@tuuci.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims of Infringement

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Tuuci, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Tuuci, and our other trademarks and trade dress and their respective designs and/or logos are either trademarks or registered trademarks of Tuuci, LLC and may not be used in whole or in part without the prior written consent of Tuuci

, LLC.

Software

Any software, including any files, models, images incorporated in or generated by the software or Service, and data accompanying the software (collectively “Software”), that may be made available on the Service is licensed to you by Tuuci on a non-exclusive and limited basis. Tuuci shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software. Any specifications or data provided with the Software is for informational use only and should not be relied on for real world use. The specifications attached to a formal proposal or purchase order shall govern against anything contained in the Software.

Restrictions on Use

Except as stated in these Terms, none of the materials and intellectual property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Tuuci or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Service and Software for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials on the Service (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Tuuci, is strictly prohibited. Further you agree not to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Tuuci, LLC, its affiliates, or any third-party.

Notwithstanding anything to the contrary contained in these Terms, Tuuci reserves the right, without notice and in its sole discretion, to terminate your license to use the Service and the Software, and to block or prevent future access to and use of the Service and the Software if you violate any of these Terms or Tuuci’s policies. Upon termination, these Terms shall still apply.

User Generated Content

You hereby grant to us, and our affiliates, subsidiaries and licensees a non-exclusive, transferable, sub-licensable, royalty-free license in perpetuity to use, without further authorization from you and without name credit, any content created by you using the Service or Software, in any manner, anywhere in the world, as frequently as we determine in our sole discretion for any purpose, including, without limitation, for purposes of advertising, promotion, publicity or trade, and in any media now known or hereafter developed. We shall have the unlimited right, without further authorization from you, to duplicate the your user generated content as we see fit and to alter, retouch, crop or use the same in composite form in any way.

You hereby waive any claim of royalty, right, remuneration or compensation in any form for our use of such user generated content.

Ownership Rights

The Service and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us and others and are protected by United States and international copyright, trademark and other laws.

Links To Other Web Sites

The Service may contain links to third party web sites or services that are not owned or controlled by Tuuci. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. Please review our Privacy Policy and our Cookie Policy for more information.

You acknowledge and agree that Tuuci is not and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Term and Termination

We may suspend or terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Tuuci, LLC and its employees, contractors, agents, officers, directors, affiliates, and licensees, licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) the use and access of the Service, by you or any person using your account, and/or b) a breach of these Terms.

Limitation Of Liability

IN NO EVENT SHALL TUUCI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

The information contained on the Service is for general information purposes only and we assume no responsibility for any errors or omissions found on the Service.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY LAW WE ALSO DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Tuuci, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. If your use of the Service results in the need for servicing or replacing equipment or data, Tuuci shall not be responsible for those costs.

Tuuci, LLC reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

External Links Disclaimer

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with Tuuci. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information found on external websites.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms, our Privacy Policy and our Cookie Policy, constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements that may have existed between us regarding the Service.

Changes

We reserve the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect. We will determine what constitutes a material change at our sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at one of the following:

By emailing us at info@tuuci.com
By visiting tuuci.com/contact/
By phone at +1 305.634.5116

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

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