Terms & Conditions

Introduction

Welcome to the Tinana® Ice Ball Maker, Mixing Bowls, Clear Ice Maker website, located at tinana.shop (the “Site”). This Site is operated by Tinana LLC (“Tinana,” “we,” “us” and/or “our”). Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Site. You agree to review these Terms and Conditions periodically to ensure you are aware of any changes. Your continued access or use of the Site shall constitute your acceptance of the modified Terms. As long as you comply with these Terms, Tinana grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

Intellectual Property Rights

The Site and its original content, features and functionality are owned by Tinana and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Tinana name and logo are trademarks of Tinana.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material obtained from the Site without our express written permission. However, you may print, download or store one copy of the materials for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you print, download or store.

If you believe your intellectual property rights have been infringed by the Site, please notify Tinana at [email protected]. We will respond appropriately after receipt of proper notice in compliance with the Digital Millennium Copyright Act.

User Content

If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptographic hash of your email, username, avatar, profile information and any other identification or information (“Personal Data”), you must ensure your Personal Data is accurate. You hereby represent and warrant you have all necessary rights and authority to provide such content to Tinana.

By posting, uploading, inputting, providing or otherwise submitting (“Submitting”) content (“User Content”) to the Site, you grant Tinana a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and distribute your User Content in connection with the Site, Tinana’s (and its successors’ and affiliates’) businesses, including without limitation, for promoting and redistributing part or all of the Site in any media formats and through any media channels without restrictions of any kind and without payment or other compensation of any kind, or permission or notification, to you or any third party.

You represent and warrant you either own or otherwise control all of the rights to the User Content and have the authority to grant the license granted above to Tinana. You also represent and warrant the User Content you Submit does not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or constitute copyright infringement, misappropriation of trade secrets or other proprietary or confidential information, and submission of such material may result in severe civil and criminal penalties.

You understand and acknowledge Tinana shall have no obligation to post, display, or distribute any User Content, and may remove, delete, move, re-format, change, alter, distort, edit or modify User Content (or any part thereof) for any reason in Tinana’s sole discretion.

User Conduct

Your access and use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By accessing and using the Site, you represent and warrant you:

Will only use the Site for lawful purposes;
Will not use the Site for posting or disseminating any unlawful, defamatory, harassing, abusive, fraudulent or obscene material;
Will not use the Site to commit any criminal offense or for any other illegal activity;
Will not interfere or attempt to interfere with the proper functioning of the Site;
Will not impersonate any other person or entity;
Will not electronically stalk, harass or harm another person;
Will not access or attempt to access any data or portion of the Site that you do not have authorization to access;
Will not engage in any other conduct that negatively affects other users’ ability to engage in real time exchanges or otherwise use or enjoy the Site;
Will not use any automated processes or services to access, harvest or collect information from the Site, or attempt to decipher any transmissions to or from the servers running the Site;
Will not transmit any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature;
Will not defame, abuse, harass, stalk or threaten others;
Will not make any unsolicited offers, advertisements, proposals, or send junk mail to other users;
Will not copy, modify or distribute content from the Site;
Will not upload or otherwise make available any content that contains software viruses, worms, Trojan horses or other harmful code;
Will not collect or store personal data about others; and
Will not use the Site for any commercial purpose or for any purpose that is unlawful or prohibited by these Terms and Conditions.

Tinana has no obligation to monitor any user conduct, but may investigate and take appropriate legal action against anyone who, in Tinana’s discretion, violates these Terms, including removing any offending communication from the Site, suspending or terminating the account of such violators and reporting you to law enforcement authorities.

You understand Tinana has no control over third party content and shall have no liability for any damages incurred directly or indirectly as a result of any dealings with such third parties or from the presence of such third parties on the Site.

Privacy Policy

Please review our Privacy Policy to understand our information collection, use and disclosure practices regarding information you provide or we collect when you interact with the Site. The Privacy Policy [link to privacy policy] is incorporated herein by reference and made a part of these Terms.

Third-Party Links

The Site may contain links to third-party websites, resources or services (“Third Party Services”). Such Third Party Services may be subject to different terms between you and the third party operating the Third Party Services. We are not responsible for the content, availability or services provided on such Third Party Services. The inclusion of any link does not imply we endorse such Third Party Services. Your use of Third Party Services is at your own risk.

Disclaimers

Your access, use and browsing of the Site is at your own risk. The Site and all Site materials and content are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, expressed, implied or statutory. Tinana disclaims all warranties, expressed or implied, statutory or otherwise, including but not limited to warranties of merchantability, non-infringement and fitness for particular purpose.

Tinana makes no representations or warranties:

That the Site or its content will be accurate, complete, reliable, secure, timely or error-free;
That the Site will function without interruption or be available at any particular time or location;
That any defects in the Site will be corrected;
That the content is free of viruses or other harmful components; or
That communications through the Site will be secure and not intercepted.

You understand and agree Tinana shall have no liability related to the accuracy, integrity, quality completeness, usefulness or validity of any opinion, advice, services, offer, statement or other User Content available on or through the Site. Your reliance upon any opinion, advice or information available on or through the Site, or your choosing to engage in any transaction or action “at your own risk.”

Under no circumstances will Tinana, its affiliates, contractors, principals, partners, employees, agents, representatives, suppliers, service providers or licensors be liable for any injury, loss, expenses, claim, liability or damage of any kind resulting in any way from the Site, your access, use or inability to use the Site, reliance on information provided on the Site, interruptions in the accessibility or functionality of the Site, bugs, viruses, Trojan horses, malware or any failure of information on the Site to be timely or accurately transmitted or received, any third party content or User Content obtained through the Site, or any loss of data or information contained in, stored on, or accessed through the Site, or for any indirect, special, punitive, incidental or consequential damages however they may arise, including related to the use or inability to access the Site.

In no event shall Tinana’s total aggregate liability for any claims arising out of or relating to these Terms or your access, use or inability to access or use the Site or any content exceed one hundred United States dollars ($100 USD).

Indemnification

You shall defend, indemnify and hold harmless Tinana and its affiliates, contractors, principals, partners, employees, agents, representatives, suppliers, service providers and licensors from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Site or your breach of these Terms. Furthermore, you agree Tinana assumes no responsibility for the conduct of any user.

Modification and Termination

We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof) at any time for any or no reason with or without notice to you. You agree Tinana shall not be liable for any such modification, editing, deletion, suspension or discontinuance of the Site.

Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to conflict of laws principles. With respect to any disputes arising between you and Tinana:

NEGOTIATIONS: In an effort to accelerate resolution and reduce the cost of any dispute, you and Tinana agree to first attempt to negotiate a resolution informally for at least thirty (30) days before either party initiates any arbitration or court proceeding, unless one party needs emergency relief. Negotiations will commence upon receipt of written notice by the party raising the dispute.
ARBITRATION: If a dispute cannot be resolved through informal negotiations, you or Tinana may elect to have the dispute resolved by binding arbitration. The arbitration will be conducted by the American Arbitration Association, or any other mutually agreeable arbitration service, under its applicable rules. Any arbitration will be held in Delaware. The demand for arbitration must be filed within the applicable statute of limitations period. Any judgment on the award rendered in arbitration may be entered in any court of competent jurisdiction. All arbitration costs will be allocated according to the arbitration service rules. Unless the arbitration service rules provide otherwise, each party will pay for its own costs, including attorneys’ fees, associated with the arbitration proceedings, subject to any later reallocation by the arbitrator.
CLASS ACTION WAIVER: You must bring any dispute in your individual capacity and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative, private attorney general or class proceeding.
INJUNCTIVE RELIEF: The foregoing provisions of this Dispute Resolution section do not apply to any legal action taken by Tinana to seek an injunction or other equitable relief in connection with any loss, cost, or damage to Tinana, its Site, or other property (tangible or intangible) or violation of Tinana’s proprietary rights or such of third parties.

Severability

If any provision of these Terms shall be deemed unlawful, invalid or unenforceable, then such provision shall be deemed severed from these Terms and shall not affect the enforceability of the remaining provisions.

No Waiver

Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.

Entire Agreement

These Terms, including the documents incorporated herein by reference, constitutes the entire agreement between you and Tinana with respect to the subject matter, and supersedes all prior or contemporaneous agreements, oral or written. We may immediately terminate these Terms if you violate any provision within it.

Contact Info

If you have any feedback, questions or complaints, contact us via email at:

Tinana LLC
555 Tinana Road
Somewhere, DE 19808
United States

Email: [email protected]

When you contact us please provide us with your name, address, email address and any other information we may need to identify you, your Tinana account, and the transaction on which you have feedback, questions or complaints.

Please review our Terms and Conditions carefully before accessing or using our website. By using our site, you agree to be bound by these terms. If you do not agree to all the terms and conditions, then you may not access or use our website.