This page explains the terms and conditions following which a user may use the TCS Site, including the purchase of TCS products (“Products”) thereon, and the online and/or mobile services and software provided on the TCS site or in connection with the service (collectively, the “Service(s)”). These Terms apply to You (the “User”) (as an “Individual” or “entity”) in the capacity of a visitor to the TCS Website, a member who registered for and/or any others who access the Service(s).
- User Acceptance: By accessing the TCS site, using the Services, clicking a button/link, checking a box marked “I Agree/Accept” or something similar you signify you agree
- Use of Service
- Eligibility This is a contract between the User and TCS. You must read, understand and agree to these Terms before using the TCS Products & Service. Please do not use the service if you Do Not agree with the Terms. You may use the Service only if you can form a binding contract with TCS that is compliant with these Terms and all applicable laws (local, state national, and international), rules, and regulations.
- All Applicants must be 18 years old or the age of majority in your jurisdiction
- You may use TCS only with permission of a parent or guardian if you are under 18.
- Applicant should Not be a resident of Cuba, Iran, Syria, North Korea, Sudan or not a person or representative of an entity that is subject to US export controls or sanctions. (see link for restricted countries https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx)
- A user previously refrained from using the Service by TCS.
- Anyone under the age of 13. TCS does not knowingly collect, either online or offline, personal information from persons under the age of 13. Access to the TCS website is strictly prohibited to anyone under the age of 13. Any use or access to the Service will be in violation of the Terms.TCS does not take responsibility in case of violations of these rules. The user has the sole responsibility to comply with the terms.
The TCS site is NOT available to:
- TCS Service Subject to the Terms, you are hereby granted, a non-exclusive, limited, non-transferable, freely revocable permission to use the Service for your personal and non-commercial use only and as permitted by the features of the Service. TCS reserves all rights to the Service not expressly granted herein in the Terms. Without prior notice, TCS may change any Service; update, or add usage limits for any Service or feature, or stop providing the Service or features of the Service to you or to users generally.
- Your TCS Account (The User Account) Access, Creation, Maintenance, and Ownership:
- Your TCS Account gives you access to specific Service(s) and/or feature(s) that we may offer and maintain from time to time, in our sole discretion.
- You must provide accurate and complete information, when creating your account, and you must keep this information up to date. You will be solely responsible for the activity that occurs on your account.
- You must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You must notify TCS immediately of any breach of security or unauthorized use of your account. TCS will not be liable for any losses caused by any unauthorized use of your account.
- You may never use another User’s account without due permission of TCS
- If you open an account with TCS on behalf of an organization, a company or any other institution/entity then:
- You” ( “The User”) includes you and that entity and
- “You” will represent and warrant that you are an authorized representative of the entity with authority to bind the respective entity to these Terms, and that you agree to these Terms on the entity’s behalf.
- Service Rules
- You agree Not to engage in any of the following prohibited activities:
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the TCS site/servers than a human can reasonably produce in the same period by using a conventional on-line web browser (except that TCS grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the TCS Site. These automated systems may be used for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not to create caches or archives of such materials);
- Transmitting spam, chain letters, or another unsolicited email;
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- Uploading invalid data, viruses, worms, or other software agents through the Service
- Collecting or harvesting any personally identifiable information, including account names, from the Service
- Using the Service for any commercial solicitation purposes
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
- Interfering with the proper working of the Service
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
- Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the TCS Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
- You are solely responsible for your interactions with other TCS Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. TCS shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- Certain services made available via TCS are delivered by third party sites and organizations. By using any products or service or feature or functionality available via the TCS Site, you hereby acknowledge and consent that TCS may share such information and data with any third party with whom TCS has a contractual relationship to provide the requested product or service or feature or functionality on behalf of TCS users and customers.
- TCS Site Content
- All content included as part of the TCS Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TCS or its associates and protected by copyright and other laws that protect intellectual property and proprietary rights.
- You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
TCS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content.
The TCS account grants you non-exclusive right to access, view, use and display the Content an unlimited number of times or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the membership plan, as per the Terms, and solely for your personal, non-commercial use. The content is not sold to you by the Content Provider.You will use protected content solely for your personal use and will make no other use of the content without the express written permission of TCS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TCS or our licensors except as expressly authorized by these Terms.Please write to firstname.lastname@example.org for any questions on rights and permissions.
- Links to Third Party Sites/ Services: The TCS Website may contain links to other websites ("Linked Sites"). TCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. The Linked Sites are not under the control of TCS, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
- You are granted a non-exclusive, non-transferable, revocable license to access and use TCS strictly in accordance with these terms. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sub-license, or otherwise assign any rights to the TCS site content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the content. Also, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service. As a condition of your use of the Site, you warrant to TCS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- The purchase of webinar attendance is for use by the purchaser only, and registration information should not be forwarded on to third parties; doing so may hinder your own access, as webinar entry is by prior registration only. Similarly, the materials and replay of webinars are for use by the purchaser only and should not be forwarded on to third parties. Responsibility for the confidentiality and security of webinar registration information and event materials issued by TCS lies with the registrant. If you believe that a third party has obtained details in an unauthorized manner, please promptly notify TCS.
- You agree Not to engage in any of the following prohibited activities:
- Employees, associates, contractors, interns can participate but are not eligible for prizes
- A team should be no more than six (6) members.
- Other local laws may apply, so please check any local restrictions that may apply to participate in skill-based competitions.
- Entrants who do not meet the eligibility criteria may only participate with special permission of TCS.
- TCS reserves the rights to verify or cancel eligibility and to adjudicate on any dispute at any time. If you provide incorrect information during enrollment of the competition or account creation at TCS, you may be immediately disqualified from the competition.
- The project submissions must entirely be the work of the individual or the project team.
- Content submitted must not be in breach of any third-party rights and must be the individual’s/team's undisputed work. Participants must get written consent of any relevant rights owner in respect to their submissions.
- We will not consider incomplete submissions.
- The contest materials must be submitted by the due date. Late submissions will not be accepted, and no extensions will be given
- Winners License: Non-Exclusive: Your submission grants to TCS and its associates affiliates/designees a worldwide, non-exclusive, sub-licensable, transferable, fully paid up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your winning submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without further approval by or payment to the Participant.
- Indemnity You agree to indemnify, defend and hold harmless TCS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising from:
- Your use of and access to the Service, including any data or content transmitted or received by you.
- Your violation of any of these Terms, including without limitation your breach of any of the representations and warranties above
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights
- Your violation of any applicable law, rule or regulation;
- User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information
- Your willful misconduct; or
- Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- No Warranties: All content on the TCS site is made available AS IS. TCS does not offer any warranty of any kind, related to the accuracy, completeness, or faultlessness of the content. TCS is not liable for theusage of, implementation of, impact from, or communication of the ideas/concepts presented in any content.
- Limitation of Liability Under no circumstances, including negligence, shall TCS, its Managers, Associates, Affiliates, Partners, Contttraccctorsss, or Employees, Or Licensors be liable for any damages of any type– special, direct, indirect, punitive, incidental, or consequential–attributed to access of, use or inability to use TCS content, including without reliance on or limitation use of information, errors, omissions, defects, interruptions, mistakes, delayed operations or transmission, deleted files, disclosed communications, non-delivered information, or any other lack of performance.
- Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Arkansas Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
- Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and TCS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Changes to Terms TCS reserves the right, in its sole discretion, to change the Terms under which The Website (thecomsociety.com) is offered. The most current version of the Terms will supersede all previous versions. Although TCS may attempt to notify you when major changes are made to the Terms, you should periodically review the most updated version of the Terms to stay informed of the updates.
We may specify additional terms and conditions for certain services at a later time. Your use of such services is contingent upon agreeing to these additional terms and conditions, which are hereby incorporated into the present Terms by reference.
Please read these Terms carefully and ensure that you understand each provision. These Terms also contain a mandatory individual arbitration and class action/jury trial waiver provision. The provision requires the use of arbitration on an individual basis to resolve disputes, instead of using jury trials or class actions.
TCS will retain the discretion to permanently or temporarily terminate or suspend this permission without notice and liability, at any time for any reason or no reason including if you violate any provision of the Terms, in our sole determination. Upon termination for any reason or no reason, you continue to be bound by the Terms.
These rules form a binding legal agreement between you and TCS with respect to the competition and are in addition to the terms and conditions specified on the specific competition page.
Eligibility: Who can participate:
Submissions and ownership
The submissions will be evaluated based on the criteria set forth by TCS on the competition page.TCS has sole discretion to update, change, renew the evaluation criteria, without any prior notice or approval.
Prizes will be announced and dispersed as per rules set on the competition page.
All taxes imposed on prizes are the sole responsibility of the winners. Payment to potential winners is subject to the express requirement that they submit all documentation requested by TCS for compliance with applicable state, federal, local and foreign (including provincial) tax reporting and withholding requirements. If a potential winner fails to provide any required documentation or comply with applicable laws, the Prize may be forfeited and TCS may, in its sole discretion, select a potential alternative winner. Prizes will be net of any taxes that TCS is required by law to withhold.
TCS reserves the right to exclude a team in the event the participants bring the competition or elements of it or TCS or any other party connected with the competition into disrepute.
Events may occur that render any part of the competition impossible due to reasons beyond the control of TCS, as such, TCS may, at its absolute discretion, vary, amend, suspend or withdraw the competition with or without notice.
By participation and or accepting a Prize, you agree that TCS may use your name and/or likeness, for the purposes of advertising and promotions without additional compensation, unless prohibited by law
The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Arkansas Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions
Upon order placement, the information you provide will be reviewed and we will validate you method of payment, billing, and/or shipping address. We may not accept orders for delivery to certain addresses and territories, based upon your location. We may contact you (via email or phone) for additional information as may be required to accept and process your order. Any Incorrect or invalid order information may result in delays with processing your order.
TCS welcomes your questions or comments regarding the Terms:
435, N Garland Avenue, 2485
Fayetteville, AR 72701
Email Address: email@example.com
Effective as of 10 January 2018