TYLIE AD SOLUTIONS
Terms Of Service
Effective Date: January 01, 2022
Tylie Jones & Associate, d/b/a Tylie Ad Solutions (“Tylie”, “we”, “us”, “our”) operates and makes available the website https://www.tylie.com/, https://tandem.tylie.com, and other related sites that makeup our web presence (collectively, our “Website”) to help people learn about us, our team, and the services we offer to help our clients grow their business. We drafted the following terms and conditions (collectively, our “Website Terms of Service”), to inform you of the rules that govern your use of our Website and related content, functionality, and services offered on or through the Website (collectively, the “Services”). These Website Terms of Service relate to and govern your access to and use of our Website, but do not apply to the purchase, access, or use of any of Tylie’s other products or services which are subject to other specific agreements.
By accessing or using our Website or our other Services, you agree to these Website Terms of Service. If you are using the Website on behalf of your employer, you represent that you are authorized to agree to these Website Terms of Service on your employer’s behalf. If you do not agree to these Website Terms of Service, please do not use the Website, any services available through the Website, or any other Services covered by these Website Terms of Service.
These Website Terms of Service may change over time, and we reserve the right to revise our Website Terms of Service at our discretion. Whenever you visit this Website, you agree to the then-posted version of the Website Terms of Service. Accordingly, we encourage you to check and review these Website Terms of Services from time to time.
Additional terms and conditions on the Website may apply to specific portions of the Website, or certain features of the Website. Such additional terms and conditions supplement these Website Terms of Service where incorporated by reference and are considered a part of these Website Terms of Service.
1. COMPLETE TERMS
This Website Terms of Service, along with any other documents incorporated by reference, comprise the entire agreement between you and Tylie, and supersedes any and all prior agreements between you and Tylie (including but not limited to any prior versions of this Website Terms of Service). By using our Services, including the Websites, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Website Terms of Service and all applicable laws, rules, and regulations. We do not waive any provision under these Terms even if not enforced.
2. DESCRIPTION OF SERVICE
Our services include our Website, including our Tylie Tandem platform, and all information, consulting, custom solutions, and all other services we make available to you through our Website (collectively, the “Services”). We provide these Services to help our agency, brand, in-house leader, and media partner clients meet their commercial, advertising, and post-production needs.
While we strive to ensure that our Services and all other information we provide is complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Website or Services. Additionally, our Website or Services may contain historical information for your reference which may not be current.
4. WHO CAN USE OUR SERVICES
All of our Services – including our Website – are intended only for adults who can enter into a binding contract with us, and are not intended for minors under 18 years of age. By using the Website and its features, you confirm that: (a) you are over the age of 18 and may otherwise enter into and form binding contracts under applicable law; (b) all information that you provide to Tylie via the Website or our other Services is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Website and its features and/or our other Services does not violate any applicable law or regulation.
5. USER ACCOUNT, PASSWORD, AND SECURITY
You may create an online account with Tylie to access certain Services, such as the Tylie Tandem platform. Once you become a registered user and establish an online account with Tylie, you will need to create a user name and a password to access your online account. You must keep your account and password confidential, and are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Tylie of any unauthorized use of your account or any other breach of security you are aware of.
6. YOUR USE OF OUR SERVICES
We make our Website and other Services available to you to allow you to learn about Tylie, the Services we offer, and how we can help your company grow. In using our Website and other Services, you acknowledge and agree to abide by these Terms, and that you are ultimately responsible for all activity by you or that otherwise occurs under your account (where applicable).By using the Services, you agree that:
- You will not use the Website or any Services for any purpose that is illegal or otherwise prohibited by these Terms.
- You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract content or information. You will not copy, modify, distribute, sell, or lease any part of our Website or Services.
- You will not reverse engineer or attempt to extract the source code of the Website’s software.
- You will not use or develop any third-party applications to interact with the Website or Services or other content or information, unless you have our written consent.
- You will not use the Website or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit our Services, other Tylie users’ ability to fully use the Services, or our ability to maintain our Services.
- You will not use the Website or any Services in a way that could damage, overburden, or impair the functioning of the Services. You will not use or attempt to impersonate another person or otherwise conceal your legal identity (such as by using a pseudonym) where required when when using our other Services.
- You will not solicit other users’ account information and/or login credentials.
- You will not share or send any content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
- You will not use the Services in any way that violates Tylie’s rights or those of any third party.
- You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
- You will not attempt to circumvent any content-filters or content-filtering techniques used by Tylie.
- You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
- You will not probe, scan, or test the security or vulnerability of our Services, including any Tylie system or network.
- You will not use the Services to send unsolicited or spam emails or messages to other users or to Tylie, including to advertise or promote any product, service, or event.
- You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.
7. CONTENT, INTELLECTUAL PROPERTY RIGHTS, & OTHER RIGHTS
The name “Tylie” and all related names, logos, products, service names, designs, and slogans are trademarks and/or otherwise the intellectual property of Tylie or our affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Except for posts, photos, text, graphics, videos, images and other content and materials which are provided by or otherwise the property of third parties, the information, photos, text, graphics, videos, tools, images, and all other content and materials (“Content”) provided by or made available through the Website and other Services is owned or licensed by Tylie, and is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms.
The Website and its entire content, functionality, and services (including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of the foregoing) are owned by Tylie, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Website Terms of Service permit you to use the Website for personal, non-commercial use only. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
You agree that you will not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any part of the Website or any materials available through the Website for any commercial purposes.
We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Website or Services that violates those rights. As noted above, some of the content available through our Services may come from third parties. All other content, trademarks and copyrights that appear through our Services are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Website or Services.
You acknowledge and agree that our Website and Services are provided for your information and use. You also acknowledge and agree that your access to and use of our Website and Services does not constitute a grant of any title to or ownership interest in any content, materials, copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or services, whether expressly, by implication, estoppel, or otherwise. Tylie and its licensors and service providers respectively reserve and retain all rights and titles to and interest in our Website and Services, including all copyrights, trademarks, and other intellectual property rights therein.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Website Terms of Service, your right to use the Website will immediately terminate and you must, at our option, return or destroy any copies of the materials. No right, title, or interest in or to the Website or any content, functionality, or services on the Website is transferred to you, and all rights not expressly granted are reserved by Tylie. Any use of the Website not expressly permitted by these Website Terms of Service is a breach of these Website Terms of Service and may violate copyright, trademark, and other laws.
8. TYLIE PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Tylie or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
9. CONTENT RESPONSIBILITY
We reserve the right to modify and update the Content of our Websites or Services at any time, including to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Website Terms of Service. You acknowledge and agree that Tylie does not endorse the substance or subject of any user generated content or communications, does not assume responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, and is not responsible for any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.
You agree that your comments or other user generated content you provide to Tylie will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
As mentioned above, we provide our Website and other Services to you to allow you to learn about Tylie, the Services we offer, and how we can help your company grow. Towards that end, we allow you to access information from our Website and take advantage of certain Services like Tylie Tandem. We also let you communicate with us through email and certain other means – for instance, to ask questions, provide feedback and suggestions, and the like. We strive to keep your company’s information that you share with us via Tylie Tandem, email, and other means in confidence to the extent possible. We may need to share your information and communications with our employees, agents, contractors and other partners in order to fulfill your order or request.
We ask that you limit the sharing of your company’s information to those channels outlined on our Website, or via other designed means through our Services. Any other communication or other materials that you may send us outside of these methods may not be deemed confidential.
Please note there may be instances in which we are required to share certain information pursuant to a legal requirement, regulation, subpoena, or other lawful order, but we will share only the minimal amount required to comply with such an applicable process or order.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, or any aspect, use of, or access to the Services.
12. DATA SECURITY
We implement and maintain physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification, or disclosure. We also maintain a compliance program that includes independent third-party audits and certifications.
13. THIRD PARTY LINKS AND SERVICES
This Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Tylie does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. Tylie inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization.
Each linked entity has its own privacy policies, terms and conditions, and other policies that govern your use of their website and services. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, Tylie makes no representation as to the accuracy or any other aspect of the information contained in such outside websites, or the services the third party may offer.
If you decide to access other websites, you do so at your own risk. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. You hereby waive any claim you might have against Tylie with respect to these websites. Tylie is not responsible or otherwise liable for a third party’s terms or policies, or for any actions taken under therein.
You agree to indemnify, defend, and hold Tylie, its, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonable attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Services; (b) your breach of these Terms or the documents it incorporates by reference; (c) your negligence or misconduct; or (d) a claim that your use of any Services infringes the copyright, trademark, trade secret, patent or other rights of a third party. Tylie may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
15. RESTRICTION, MODIFICATION, & TERMINATION
We reserve the right to change, modify, or alter the content of the Website or Services offered, and to discontinue the availability of any product or Services (or any part thereof) at any time, without notice, and in our sole discretion.
We reserve the right to change, modify, terminate, or otherwise alter these Terms at any time at our sole discretion, without notice and without penalty. Such modifications shall become effective immediately upon posting of the updated Terms. You must review these Terms on a regular basis to keep yourself apprised of any changes. Tylie may terminate these Terms, with or without cause, at any time, without notice, and without penalty. You agree that Tylie shall not be liable to you or any third party for any modification, termination, or alteration of these Terms. The following provisions shall survive any termination: Complete Terms; Your Use of Our Services; Limitation of Liability; Indemnity; Choice of Law and Jurisdiction; and Severability.
We may also, in our sole discretion, terminate or restrict your use or access to our Website or Services (or any part thereof), for any reason, including, without limitation, where Tylie believes you have violated or acted inconsistently with the letter or spirit of these Terms or other provisions, conditions, or policies of the Services.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE WEBSITE AND OTHER SERVICES PROVIDED BY TYLIE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TYLIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AS TO THE OPERATION OF THE WEBSITE AND SERVICES, AND TO THE CONTENT AND INFORMATION AVAILABLE THEREON, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL TYLIE BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF TYLIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
TYLIE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. TYLIE IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
TYLIE MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY SPECIFIC REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TYLIE FURTHER DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY SUCH DEFECTS WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. TYLIE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL TYLIE OR ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, CONTRACTORS, SUPPLIERS, OR ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, AND/OR ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, REGARDLESS IF TYLIE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will Tylie’s aggregate liability for any and all claims related to the Services exceed $100 US or the amount you paid to Tylie, if any, in the last 12 months, whichever is greater.
We take no responsibility and assume no liability for any content provided by you, another user, or third party through our services. Tylie is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.
Tylie assumes no responsibility for the deletion or failure to store information entered into Tylie’s Website.
19. MONITORING, INVESTIGATING, AND PREVENTING VIOLATIONS
We retain the right, at our sole discretion, to investigate complaints or reported violations of these Website Terms of Service, to determine whether or not your conduct is consistent with the letter and spirit of these Website Terms of Service, and to take appropriate action in response. Such action includes, but is not limited to, terminating your access to and use of our Services if we find your conduct is inconsistent with these Terms. Further, we reserve the right to report any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclose any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct.
When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
20. CHOICE OF LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California. You and Tylie agree that all disputes arising out of or related to these Terms and the Services are subject to, and that you submit to, the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located within Los Angeles County, California.
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
22. COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Website that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Tylie’s Copyright Agent to receive DMCA Takedown Notices is Stacy Curtin and is reachable via the Contact Us information. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Tylie in connection with the written notification and allegation of copyright infringement.
23. CONTACT US
If you have any questions regarding these Website Terms of Service or our practices, you can contact us at:
Tylie Ad Solutions
58 E Santa Anita Ave
Burbank, CA 91502
tel. (818) 955 7600