Terms of Use

Accepting the Terms of Service

This site www.TIFR.com (Site) is owned and operated by This Is Freaking Ridiculous, for the purposes of providing humorous content the whole family can enjoy in a safe, community policed environment. Please read our terms of service (“Agreement”) carefully before you use our site or any of the features or services provided on the Site. By using or accessing our Site, using the features or services offered there or buying our products, you are agreeing to be bound by this Agreement and all the terms and conditions thereunder. If you do not agree to all the terms and conditions as described below, do not use our Site or the features and services offered there.

Access to our Site and the services and features it offers are available by You (“User” “Visitor” “Subscriber” or “You”) under the following terms and conditions:

Access to the Services

Subject to the terms and conditions of this Agreement, TIFR, may offer to provide features, products and services, as described on the Site, and which you select, solely for your own personal use, and not for any commercial use. TIFR may in its sole discretion, change, suspend or discontinue any service, feature, or product offered on the site, or remove any content that violates its rules of conduct at any time. TIFR, Inc may also impose limits on certain features and services or restrict Users access to parts or all of the Services without notice or liability. TIFR reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice on the Site. Site Users shall be responsible for reviewing and becoming familiar with any modifications made. Your use of the Site, after any modification has been made constitutes your acceptance of the modified terms of this Agreement. 

By using this Site, You certify to TIFR that you are an individual above the age of 13 years old. If you are an individual who is not at least 13 years of age, then you certify, that you are visiting this site with a parent or with a parents consent. In addition, if you are under the age of 13 years old, you may not give us your personal information, such as your name email address or other information and you may not use the portions of the Site where such information is required, other than with a legal guardian.

You also certify that you are legally permitted to use the Site and any services, features or product you may select to use or purchase on or via the Site, and that you take full responsibility for your selections and uses of the Site and access thereto. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. TIFR makes no claim that the Site may be lawfully viewed or that Content may be accessed or downloaded in all jurisdictions.  Your access to the Site is at Your own risk and You, and only you are responsible for compliance with the laws of Your jurisdiction. 

TIFR will use reasonable efforts to ensure that the Site is available and functioning properly twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or its features or other services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by TIFR to minimize such disruption where it is within TIFR’s reasonable control. 

However, You agree that TIFR is not liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, or any feature,  service, your Content or other Content. 

TIFR also reserves the right to create limits on use and storage in its sole discretion at any time with or without notice. 

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services. 

Site Content

The Site and its contents are intended solely for the use of TIFR Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the TIFR Template Code, (as defined below) and   collectively, referred to as “Content,” but excluding content posted by Users which is referred to as “User Content,” is the exclusive property of TIFR, Inc and/or third parties and are protected by U.S. And international copyright laws. All trademarks, service marks, and trade names are proprietary to TIFR and/or third parties, who may or my not be affiliated. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. 

The Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, and international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, User may not copy, modify, publish, transmit, upload, or participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. 

User may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that User maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from TIFR or from the copyright holder identified in such Content's copyright notice.  If You download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by TIFR or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the User Content on which the Software is recorded, but TIFR, or third party licensors retain full and complete title to the Software and all intellectual property rights therein. 

TIFR, does not warrant that any software or other content downloaded from our Site is free of virus or other defects. You expressly agree that any content or software You download from our Site is at your own risk. And that You, and not TIFR or any of our third-party providers, will be solely responsible for the repair and or replacement of any equipment, computer or other paraphernalia damaged, or otherwise in need of repair by the download.

User Content

User shall own all User Content that User contributes to the Site, but hereby grants and agrees to grant TIFR a non-exclusive, worldwide, royalty-free, transferable right and license  to use, copy, cache, publish, display, distribute, modify, create derivative works and store such User Content along with the right to sublicense, and/or otherwise allow others to do so, hereafter referred to collectively as “Content License”. On termination of Subscriber’s membership to the Site and use of the Site's features and/or service, and upon User's request, TIFR, will make all reasonable efforts to remove User's content from the Sitef and to cease using it in any manner; however, User recognizes and agrees that caching of or references to the User Content may not be immediately removed. User warrants, represents and agrees User has the right to grant TIFR, the rights set forth above. User further warrants, represents, and agrees that it will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it, (c) infringes on any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after User has been notified that such User Content violates any of sections (a) to (e) of this sentence, or any other term of our Rules of Conduct. Pursuant  to these rules, TIFR also reserves the right to remove any User Content from the Site, suspend or terminate Subscriber’s right to use the Site at any time, or pursue any other remedy or relief available to TIFR, under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if TIFR is concerned that User may have breached the Rules of Conduct or for no reason at all. However TIFR, has no obligation to monitor the Site or to remove any User Content, except at its own discretion.

Restrictions

User is responsible for all of its activity in connection with the Site and using any feature or service provided thereon. Any fraudulent, abusive, or otherwise illegal activity or any use of the Site or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to use or otherwise access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or other private information from any TIFR user, for any reason. 

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including anything that is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will User use the Site or its features to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You. 

Warranty disclaimer

TIFR, Inc has no special relationship with or fiduciary duty to its Subscriber. And User acknowledges that TIFR has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content User accesses via the Site; what effects the Content may have on Subscriber; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or Users who posted the Content. TIFR does not monitor the Content of the Site and takes no responsibility for such Content. User releases TIFR from any and all liability for User having acquired or not acquired Content through the Site. The Site may also contain, or direct User to sites containing, information that some people may find offensive or inappropriate. TIFR, Inc makes no representations concerning any content contained in or accessed through the Site, and TIFR, Inc will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. 

Although TIFR will make reasonable efforts to store and preserve the material residing on the Site, we are not responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content. 

The Site, its features, Content, and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. TIFR makes no representations or warranties of any kind with respect to the Site, the features or services, if any, including any representation or warranty that the use of the Site, feature or services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components. 

To the fullest extent allowed by law, TIFR, Inc disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material, features or services provided on this Site. By using this Site, you acknowledge that TIFR is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any User Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program. 

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

Third party websites

Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of TIFR. Unless explicitly otherwise provided, neither TIFR make any representation or warranty whatsoever about any third party site that is linked to the Site, nor do we endorse the products or services offered on such site. TIFR disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against TIFR and our Site, with respect to such websites and third party content. 

Registration and security

As a condition to using certain features or services offered on our Site, User will need to register with TIFR and select a password and Username. User shall provide TIFR with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in the immediate termination of Subscriber's account. User may not (a) select or use as a their username, the name of another person with the intent to impersonate that person; or (b) use  a name that is subject to any rights of a person other than User without appropriate authorization. TIFR reserves the right to refuse registration of, or cancel a TIFR, username in its sole discretion. User shall be responsible for maintaining the confidentiality of Subscriber's  password. User is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases TIFR from any and all liability concerning such activity. User agrees to notify TIFR immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. TIFR will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities. 

Indemnity

User will indemnify and hold TIFR and its employees, contractor and affiliated organizations harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Site's features or services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity. 

Limitation of liability

In no event, including but not limited to negligence, shall TIFR or its employees, contractors and affiliated organizations, be liable with respect to the Site or its features or services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. (e) Or any other use or inability to use the Site or its materials, features or other Content or User Content or (f) for any actions you may have taken based on information provided via the Site, even if advised of the possibility of such damages or (g)  or any products or services provided pursuant to the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you.  However, In no event shall the total liability to You by TIFR, or its employees, contractors and affiliated organizations, or any of our licensors or suppliers collectively for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Site or using it's features and services, if any, or the purchase of any product offered by TIFR on its site.

Fees and payment

The Site and the use of it features are currently offered without charge. However, TIFR reserves the right to offer paid services and products at a later date at its sole discretion.

In the event a service, feature or product requires a payment  of fees, or is changed to require a payment of fees in the future, those fees will be stated in U.S. Dollars. User will be responsible for the payment of all applicable fees, as described on the Site in connection with any service, feature or product selected by Subscriber, and any related taxes or additional charges. Unless stated otherwise all fees are non-refundable. User represents to TIFR that You are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid for any fees due to TIFR. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. TIFR, Inc may modify and/or eliminate such fee-based Services at its discretion. User understands and agrees that the payment for virtual goods grants User a limited license to use the virtual goods as specified on the Site. 

TIFR may change its prices at any with reasonable notice to the User of any such upcoming changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect. 

Termination

Either party may terminate the Services at any time by notifying the other party by any means. TIFR, Inc may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement, including but not limited to its Rules of Conduct. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. Except, that for paid services and features, if any, User may elect to terminate only that portion of User's access. In that event, User shall continue to be able to use the non-fee based portions of the Site. User shall also be entitled to use the paid portions of the Site for the remaining time-period, if any for which the User has already paid. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to TIFR, including without limitation any indemnification obligations contained herein. 


Privacy

Please review our Privacy Policy, which governs the use of personal information on the Site and to which User agrees to be bound as a user of the Site.

Miscellaneous

This Agreement (including the Privacy Policy and Rules of Conduct), as modified from time to time, constitutes the entire agreement between You, and TIFR with respect to the use of its Site at www.tifr.com. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the use of our Site. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Specifically, TIFR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TIFR reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with TIFR's prior written consent. TIFR may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of  PUT WHAT COURTS – COUNTRY/STATE, without regard to any conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind TIFR in any respect whatsoever.

14. Notice and Procedure for Claims of Copyright or Other Intellectual Property Infringements

TIFR respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Site. 

TIFR’s intellectual property policy is to (a) remove material that TIFR believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any User Content posted to the Site by persons who repeatedly infringe on the rights of others. TIFR considers any user that has uploaded User Content to the Services and for which TIFR has received more than two infringement claims which are compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content to be a person who has repeatedly infringed on the rights of others. TIFR has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon TIFR’s own determination. 

Procedure for Reporting Claimed Infringement 

If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following: 

- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; 

- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TIFR to locate the material; 

- Information reasonably sufficient to permit TIFR to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; 

- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. 

Designated Agent Contact Information

TIFR’s Designated Agent for notices of claimed infringement can be contacted at:

thisisfreakingridiculous@gmail.com

 

 

Counter Notification

If you receive a notification from TIFR that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide TIFR with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to TIFR’s Designated Agent through one of the methods identified immediately above, and include substantially the following information:

- A physical or electronic signature of the subscriber; 

- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 

- A statement under penalty of perjury that the User as a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 

- The subscriber’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which TIFR may be found, and that the User will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person. 

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act. 

TIFR Actions Following Receipt of Counter Notification 

Upon receipt of a Counter Notification, TIFR shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and TIFR will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter Notice, unless TIFR’s Designated Agent first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on TIFR’s Site. 

False Notifications of Claimed Infringement or Counter Notifications 

The Copyright Act provides that: 

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [TIFR] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 

17 U.S.C. § 512(f). 

TIFR reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. 

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Agreement should be sent to the Designated Agent at thisisfreakingridiculous@gmail.com. Any other comments, compliments, complaints or suggestions about TIFR, the operation of the Site any other matter should be sent to thisisfreakingridiculous@gmail.com