Tiki Terms of Service

MetaFoundry LLC ("MetaFoundry") operates Tiki at tikiden.com as a service (the "Service"). By using the Service, you agree to be bound by the following Terms of Service. By checking the "I have read the Terms of Service and agree to be bound by them" checkbox on the Tiki Signup form, you accept and agree to these Terms of Service. Violation of any of these terms may result in termination of your Tiki account.

The Service is provided subject to the Terms of Service, which can be located at any time at http://www.tikiden.com/main/terms, and you agree that these Terms of Service and any policies, rules or guidelines governing Tiki and its use that are published on tikiden.com may be amended at any time by MetaFoundry. By publishing updated versions of the Terms of Service or such policies, guidelines, or rules on tikiden.com, or otherwise providing notice to you, MetaFoundry may modify the Terms of Service and may discontinue or revise any or all aspects of the Service at its sole discretion. All such changes shall become effective upon posting of the revised Terms of Service to http://www.tikiden.com/main/terms.

1. Accounts and Ownership

1.1 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to individuals under the age of 18. If you do not qualify, please do not use the Service.

1.2 The Account login may be used by only one person, and that person must be the authorized person who registered the Account (the "Owner"). Each user login may be used only by one person. Multiple people may not share a user login. Separate user logins may be created for as many people as you wish (the "Users").

1.3 You and the other Users on your Account use Tiki at your own risk. You agree that you are responsible for ensuring and maintaining the security of your logins and passwords.

1.4 MetaFoundry owns Tiki, and you agree that you hold no right, title, and interest in the Tiki application. You won the data that you publish to Tiki, and MetaFoundry agrees that it holds no right, title, and interest in your data.

1.5 From time to time, MetaFoundry may request the use of your name or likeness, or a quote or testimonial from you, in its promotion of Tiki in the marketplace. MetaFoundry will never use your name, likeness, or any statements you make with your prior written permission.

2. Service and Pricing

2.1 MetaFoundry reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2.2 All prices are subject to change at any time. All payments made to MetaFoundry for the Service are non-refundable. Payment for Services will be made by a valid credit card accepted by MetaFoundry, unless other payment arrangements have been made between you and an authorized MetaFoundry representative. You hereby authorize MetaFoundry to charge your credit card for such amounts each month if you hold any Account other than a Free Account. Fees are payable in U.S. dollars. If MetaFoundry is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the fees charged by MetaFoundry for the Service.

2.3 The Service is billed and charged to the credit card you provide monthly at the beginning of each month of service, and each payment is non-refundable. Full, partial, and pro rata refunds or credits are not provided.

2.3 You may cancel your account at any time by visiting the Tiki Settings page in your account. You understand and agree that you are solely responsible for properly cancelling your Account.

3. General

3.1 No agency, partnership, joint venture, or employment is created as a result of these Terms of Service or your use of Tiki, and you do not have any authority of any kind to bind MetaFoundry in any respect whatsoever.

3.2 You may not change, adapt or hack the Service.

3.3 You may not represent on another website or in any other media that another website or service is associated with the Service or with MetaFoundry LLC.

3.4 If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

3.5 Basecamp is not owned and operated by MetaFoundry, and MetaFoundry is in no way associated or affiliated with 37signals, LLC. You understand that your use of Tiki to access your Basecamp account data is your sole responsibility. You must not enter information into Tiki for a Basecamp account that is not yours.

3.6 If you link your Tiki Account with your Basecamp Account, you understand and agree that the Service and MetaFoundry are in no way responsible or liable for Basecamp, its availability, or any of your data stored in your Basecamp account. You understand that, at any time and from time to time, Basecamp may be unavailable to Tiki and that the Service may in such cases be diminished or unavailable.

3.7 Basecamp is a service mark of 37signals, LLC.

3.8 You must not use the Service to store or transmit any worms, viruses, malware, or any other code of a destructive nature.

3.9 You understand and agree that in order to use the Service, you must use either (A) a Windows PC with Firefox 2.0 or higher, or Internet Explorer 6.0 or higher; or (B) a Mac with Firefox 2.0 or higher or Safari 2.0 or higher. A stable connection to the Internet is also required. The Service may work in a limited manner on other platforms and web browsers, but they are neither recommended nor supported by the Service.

3.9 You agree only to store and use contact information of people whom you are authorized to use the Service to contact or to whom you are authorized to send notifications via the Service.

3. Warranty Disclaimer

3.1 USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MetaFoundry DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND MetaFoundry DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

3.2 Your sole and exclusive remedy for any failure or nonperformance of the Service shall be for MetaFoundry to use commercially reasonable efforts to update or restore the Service.

4. Limitation of Liability

4.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MetaFoundry OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "MetaFoundry") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MetaFoundry SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, MetaFoundry IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF MetaFoundry TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.