Terms of Service
Tiger Pistol Platform Terms of Service
These Terms of Service (“Terms”) are entered between you as a user (“You”) and Tiger Pistol Inc. (“Tiger Pistol”) and governs your use of the www.tigerpistol.com website (“the “Website”) and the Tiger Pistol mobile applications, platform, portals and services (collectively, the “Services”). By visiting or using the Services Platform, you are entering into a legally binding agreement with Tiger Pistol based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Your access and use of the Services are conditioned on your acceptance of and compliance with the Agreement. Tiger Pistol grants to you a non-exclusive, non-transferable, non-sublicensable and limited license to use the Services only as provided in the Agreement.
1. Tiger Pistol as a Platform Provider
Tiger Pistol provides a social advertising platform that allows its users to pay for and push out various social media campaigns (“Content”) to Facebook or other social media platforms or websites. Tiger Pistol does not prepare, endorse, review, guarantee or otherwise make any representations regarding Content you view on the Services. You are responsible for verifying that any Content you push out through the Services: (i) is adequate for your purposes; (ii) does not contain any errors, typos, false statements or misrepresentations; (ii) is appropriate for use on social media platforms in accordance with their standards and terms of use; and (iii) does not violate any applicable law, regulation, contractual obligation or standard, including without limitation, laws related to intellectual property, advertising, privacy and publicity.
You expressly agree not to name Tiger Pistol as a party in any dispute you have with any third-party related to Content.
2. Basic Terms
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Tiger Pistol and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are using the Services on behalf of a business or organization, you are expressly representing that you have the full right and authority to use the Services and to take any actions on or related to the Services. If you are under 18 years of age you may not use or access the Services for any reason. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Tiger Pistol may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Tiger Pistol granting you access to and use of the Services, you agree that Tiger Pistol, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
3. Privacy
Any information that you provide to Tiger Pistol is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Tiger Pistol. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Tiger Pistol account, which you may not be able to opt-out from receiving.
If you send or authorize Tiger Pistol to send an invitation to a third-party to join the Services, you are expressly representing that the third-party has requested to join the Services and communication extending the invitation was sent in accordance with applicable law.
4. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Tiger Pistol account. Tiger Pistol cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Every user of the Services is required to have their own access account—account sharing is strictly prohibited. You are expressly prohibited from allowing any third-party access to the Services via your account.
5. Content on the Services
Please be aware that Tiger Pistol does not review any Content available on the Services. Any use or reliance on Content you obtained through the Services is at your own risk. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Tiger Pistol be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain all ownership rights in the Content you upload to the Services. By uploading Content to the Services, you grant Tiger Pistol a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to: (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content solely as reasonably required to satisfy your direct requests and to provide you with full functionality and access to the Services; (ii) register or establish accounts and publish campaigns with the party websites and applications used by Tiger Pistol in connection with the Services, including Facebook; (iii) incorporate Content in the Tiger Pistol case studies, hosted on the Tiger Pistol website, or Tiger Pistol marketing, conference presentations, investor or potential investor communications, and internal research and development; and (iv) for any other purpose with your express consent.
By uploading Content to the Services, you represent and warrant that (a) you have the full right, power and authority to grant the licenses and related rights granted herein and have acquired and/or shall acquire any clearances, permissions and licenses that are necessary in connection with Tiger Pistol’s exercise of such licenses and rights; (b) any text, images, sounds, graphics, audience, videos, names, logos, marks or symbols provided by you (including customer data) for use with the Services is true and accurate, does not violate any law or regulation, including without limitation, laws and regulations related to the sale of your products or services, advertising, intellectual property and privacy; (c) your Content is not misleading defamatory, libelous or slanderous; and (d) Tiger Pistol’s use of the Content in connection with providing the Services will not infringe upon or violate the rights or property interests of any third party. You agree to notify Tiger Pistol in writing promptly if any of the foregoing representations and warranties becomes untrue.
6. Ownership and Confidentiality
Ownership of all copyrights, trademarks, moral rights, confidential information, design, patent, trade, business or company names, or other proprietary rights, or any rights to the registration of those rights and any applications to register those rights anywhere in the world (“Intellectual Property”) of either party remains the property of that party.
Ownership of the Services is, as between the parties, the property of Tiger Pistol. Tiger Pistol reserves all rights in the relation to the Services that are not expressly granted to you in this Agreement. You have no proprietary rights or other interest in the Services and nothing in this Agreement transfers any right, title or interest in the Services to you. Intellectual Property developed by Tiger Pistol in the course of providing the Services that is not Content is owned by Tiger Pistol. Tiger Pistol owns all improvements, adaptations and modifications made to the Services (whether authorized and whether based on any suggestion, enhancement request or other feedback provided by you) and all related Intellectual Property rights. You assign Tiger Pistol any and all the rights that you may have in those improvements, adaptions and modifications, and agree to execute all additional documents requested by Tiger Pistol to give effect to such assignment.
Neither party shall (a) have any right or interest in or to the Confidential Information of the other party or (b) use any Confidential Information of the other party except as permitted by this Agreement. Each party agrees that it will take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information of similar nature to prevent the disclosure of the other party’s Confidential Information other than to its employees, affiliates, subsidiaries or other agents who must have access to such Confidential Information for such party to perform its obligations or exercise its rights hereunder, who each will be subject to confidentiality obligations no less strict than those set forth in this Section. “Confidential Information” means any information relating to or disclosed in the course of this Agreement that is, or should be reasonably understood to be, confidential or proprietary to the disclosing party. “Confidential Information” will not include information (i) now or hereafter, through no unauthorized act or failure to act on the receiving party’s part, in the public domain; (ii) known to the receiving party without an obligation of confidentiality effective at the time the receiving party received the same from the disclosing party; (iii) hereafter furnished to the receiving party by a third party as a matter of right and without restriction on disclosure; or (iv) independently developed by the receiving party, as evidenced by written records. Neither party may disclose the terms of this Agreement or make any announcements regarding the nature of the relationship between the parties without the other party’s prior written approval except as set forth herein. Nothing in this Agreement shall prevent a receiving party from disclosing Confidential Information of the disclosing party to the extent the receiving party is legally compelled to do so by any governmental investigative or judicial agency pursuant to proceedings over which such agency has jurisdiction.
7. Restrictions on Use of the Services
You represent and warrant that your access or use of the Services complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your Content and apps in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required. If you are located in a country that is subject to an embargo under the laws of the United States (or under similar laws applicable to you) or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals (or an equivalent list), you may not use the Services. We reserve the right at all times (but will not have an obligation) to suspend and or terminate Users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Tiger Pistol’s computer systems, or the technical delivery systems of Tiger Pistol providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Tiger Pistol (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Tiger Pistol (NOTE: scraping the Services without the prior consent of Tiger Pistol is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
8. Ending These Terms
The Terms will continue to apply until terminated by either you or Tiger Pistol as follows. You may end your legal agreement with Tiger Pistol at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at support@tigerpistol.com. Please note that deactivating your account may not relieve you of any payment obligations you have pursuant to a subscription or other agreement with Tiger Pistol.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination. Nothing in this section shall affect Tiger Pistol’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
9. Campaign Refund Policy
If you use the Services to pay for a campaign, Tiger Pistol will issue refunds only for the following circumstances: You purchase an identical campaign immediately after purchase of a previous campaign, whereby the purchase of the second campaign was a result of error; provided You notify Tiger Pistol via email within ten (10) days of the purchase. You are charged twice for the same campaign as a result of a billing error.
To request a refund, you are required to email the Helpdesk and request a refund, citing information about why you are requesting a refund within ten (10) days of the purchase of the campaign. Refund requests will not be granted for any requests that are made after ten (10) days of purchasing the campaign. Refunds will not be issued for requests related to campaign performance, nor will they be issued for campaigns that did not meet Your expectations. Refunds will not be issued for any unspent working media from a paused or inactive campaign. Tiger Pistol does not guarantee that refund requests will result in a refund.
10. Pausing Campaigns, Resuming Campaigns, and Campaign Change Requests
You can request to pause a campaign, or request to resume a paused campaign, by emailing the Helpdesk. You can request an extension of a paused campaign’s end date only if the request is submitted at least three (3) Business Days before the original end date of the campaign. The campaign will only be extended to an end date that is the same duration of time that the campaign was paused.
You can request to change the copy, media or targeting parameters of a Campaign after it has been purchased by emailing the Helpdesk. You cannot request to change the Campaign Objective. Tiger Pistol does not guarantee that a Change Request will be issued.
11. Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of Tiger Pistol and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Tiger Pistol Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “As Is”
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT, AND TIGER PISTOL HEREBY DISCLAIMS, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TIGER PISTOL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TIGER PISTOL, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR RELIANCE THEREON AND YOUR USE OF THE SERVICES.
The Tiger Pistol Entities make no warranty and disclaim all responsibility and liability for: (i) any actions any Tiger Pistol user or any Content available on the Services; (ii) any injury, harm, property damage, illness or other loss that occurs as a result of uploading, transmitting or otherwise displaying any information or Content on the Services or pushing Content to a social media platform; (iii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information on the Services; (iv) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (v) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (vi) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vii) any advice or information you receive through the Services; and (iix) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Tiger Pistol Entities or through the Services, will create any warranty not expressly made herein.
B. Links
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Tiger Pistol Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL TIGER PISTOL OR REALOGY HOLDINGS CORP. AND ITS SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING COST OF COVER, LOST REVENUES, GOODWILL, LOSS OF BUSINESS OR DATA, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) THE MAXIMUM AGGREGATE LIABILITY OF TIGER PISTOL OR REALOGY HOLDINGS CORP. AND ITS SUBSIDIARIES TO YOU ARISING IN CONNECTION WITH THE SERVICES SHALL BE LIMITED TO $100. YOU ASSUME ALL OBLIGATIONS RELATING TO COMPLIANCE WITH ALL ADVERTISING LAWS AND LICENSURE LAWS RELATING TO YOUR USE OF THE SERVICES. TIGER PISTOL SHALL HAVE NO LIABILITY FOR YOUR CONTENT CREATED USING THE SERVICES OR THE PLATFORM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TIGER PISTOL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnity
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Tiger Pistol Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms or any breach of a representation herein; (2) your interactions with any other Tiger Pistol User; (3) your Content and any injury, harm damage or loss that falls to you or a third-party related to your Content or any information you upload or transmit through the Services; (4) any claim that an invitation sent to a third-party by you or by Tiger Pistol at your request is spam, unsolicited commercial email or otherwise violates applicable law; and (4) any activity in which you engage on or through the Services.
10. General Terms. Waiver, Severability, Non-Assignment.
The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain unaffected. Headings used herein are for reference purposes only, not for interpretation hereof. Neither party may assign or transfer any of its rights hereunder and any attempt to do so is void; provided, however, that Tiger Pistol may assign this Agreement in the event of a major merger, reorganization, purchase of all or substantially all of its assets to which this Agreement relates or other change of control. The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent of the other. This Agreement is not exclusive to either party.
A. Controlling Law and Jurisdiction.
This Agreement will be governed by and constructed in accordance with laws of the State of Ohio, without regard to or application of its conflict of law provisions or your state or country of residence. The exclusive venue for any dispute relating to this Agreement shall be Cleveland, Ohio, and you hereby waive any jurisdictional, venue or inconvenient forum objections thereto. YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL, TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLIENTS, OR TO PURSUE OR PARTICIPATE IN ANY CLAIM AS A REPRESENTATIVE ACTION OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Prior to initiating any legal action, the initiating party shall give the other party at least 60 days written notice of its intent to file an action. During such notice period, the parties will endeavor to settle amicably by mutual discussion any disputes, differences, or claims whatsoever related to this Agreement. Failing such amicable settlement and expiration of the notice period, any controversy, claim, or dispute arising under or relating to this Agreement shall finally be settled in a court of competent jurisdiction as set forth herein. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
B. Entire Agreement
This Agreement constitutes the complete and entire expression of the agreement between the parties, and supersedes any and all other proposals, both oral and written, representations, warranties and agreements, whether written or oral, with respect to the subject matter (excluding any service for which you have a separate agreement with Tiger Pistol that is explicitly in addition or in place of these Terms).
C. Updates to the Terms
We may revise these Terms from time to time, the most current version will always be at https://tigerpistol.com/terms-of-service/. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
