1. ACCEPTANCE OF TERMS
2. CHANGE TERMS
3. DESCRIPTION OF SERVICES
4. EQUIPMENT
5. USER CONDUCT
6. USE OF SERVICES
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
10. NOTICES REGARDING SOFTWARE, FILES AND SERVICES AVAILABLE ON THIS SITE
11. MATERIALS PROVIDED TO Tree Technologies Inc. OR POSTED AT ANY OF ITS WEB SITES & APPLICATIONS
1. ACCEPTANCE OF TERMS
The services that Tree Technologies Inc. provides to User is subject to the following Terms of Use ("TOU"). Tree Technologies Inc. reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located in the settings menu. A. This Agreement, which incorporates by reference other provisions applicable to use of *www.tree.art* and the *Tree* mobile application, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in *www.tree.art* and the *Tree* mobile application, sets forth the terms and conditions that apply to use of *www.tree.art* and the *Tree* mobile application by User. By using Tree Technologies Inc. (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use *www.tree.art* and the *Tree* mobile application is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. B. Tree Technologies Inc. shall have the right at any time to change or discontinue any aspect or feature of *www.tree.art* and the *Tree* mobile application, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGE TERMS
Tree Technologies Inc. shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.tree.art and the Tree mobile application, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.tree.art and the Tree mobile application, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.tree.art and the Tree mobile application by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web and Application property, Tree Technologies Inc. provides User with access to a variety of resources, including audio players, video players, text readers, image viewers, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web and Application properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.tree.art and the Tree mobile application and all charges related thereto.
5. USER CONDUCT
A. User shall use *www.tree.art* and the *Tree* mobile application for lawful purposes only. User shall not post or transmit through *www.tree.art* and the *Tree* mobile application any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Tree Technologies Inc. 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Tree Technologies Inc.'s discretion restricts or inhibits any other User from using or enjoying *www.tree.art* and the *Tree* mobile application will not be permitted. User shall not use *www.tree.art* and the *Tree* mobile application to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Tree Technologies Inc.. B. *www.tree.art* and the *Tree* mobile application contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of *www.tree.art* and the *Tree* mobile application are copyrighted as a collective work under the United States of America copyright laws. Tree Technologies Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Tree Technologies Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. C. User shall not upload, post or otherwise make available on [*www.tree.art* and the *Tree* mobile application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of *www.tree.art* and the *Tree* mobile application, User automatically grants, or warrants that the owner of such material has expressly granted Tree Technologies Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Tree Technologies Inc. the right to edit, copy, publish and distribute any material made available on *www.tree.art* and the *Tree* mobile application by User. D. The foregoing provisions of Section 5 are for the benefit of Tree Technologies Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not: - Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). - Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. - Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. - Upload, or otherwise make available, files that contain images, audio files, video files and documents, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same. - Use any material or information, including images, audio files, video files, documents or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. - Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. - Advertise or offer to sell or buy any goods or services for any business purpose. - Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. - Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. - Restrict or inhibit any other user from using and enjoying the Communication Services. - Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. - Harvest or otherwise collect information about others, including (but not limited to) e-mail addresses. - Violate any applicable laws or regulations. - Create a false identity for the purpose of misleading others. - Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. Tree Technologies Inc. has no obligation to monitor the Communication Services. However, Tree Technologies Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Tree Technologies Inc. reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Tree Technologies Inc. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tree Technologies Inc.'s sole discretion.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Tree Technologies Inc. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Tree Technologies Inc. immediately of any unauthorized use of User’s account or any other breach of security. Tree Technologies Inc. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Tree Technologies Inc. or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of Tree Technologies Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Tree Technologies Inc. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, Tree Technologies Inc. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Tree Technologies Inc. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents, Audio, Video and Image files from the Services is granted, provided that (1)the user obtains WRITTEN permission from the authorized owner of the file (2) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (3) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (4) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Tree Technologies Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE FILES AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH FILES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Tree Technologies Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Tree Technologies Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE FILES AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tree Technologies Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, FILES AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Tree Technologies Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, FILES, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Tree Technologies Inc. OR POSTED AT ANY OF ITS WEB SITES & APPLICATIONS
Tree Technologies Inc. does not claim ownership of the materials User provide to Tree Technologies Inc. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting Tree Technologies Inc., its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Tree Technologies Inc. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Submission, as provided herein. Tree Technologies Inc. is under no obligation to post or use any Submission User may provide and Tree Technologies Inc. may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, audio, video or documents or that are otherwise graphical in whole or in part ("Files"), User warrant and represent that (a) User is the copyright owner of such Files, or that the copyright owner of such Files has granted User permission to use such Files or any content and/or Files contained in such Files consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Files, if any, has provided consent to the use of the Files as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Files. By Posting Files, User is granting (a) to all members of User’s private community (for each such Files available to members of such private community), and/or (b) to the general public (for each such Files available anywhere on the Services, other than a private community), permission to use User’s Files in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Files), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Files without having User’s name attached to such Files, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Files will terminate at the time User completely remove such Files from the Services, provided that, such termination shall not affect any licenses granted in connection with such Files prior to the time User completely remove such Files. No compensation will be paid with respect to the use of User’s Files.