Terms of service
Using our website requires that you abide by the following Terms and Conditions. This document is an important part of using the website, and as noted below, we highly recommend you read and fully understand the agreement in order to use the website and services offered.
1. Description of the Site and Membership Accounts
Tinted.one provides, among other things, an online marketplace for uploading and downloading Content and is generally divided into a public section and a private section. The public section offers to all visitors, among other things, general information about the Site and Tinted.one, the ability to view Content on the Site, a search engine to search for Content on the Site, the ability to view and post comments on the Site, and a process by which visitors can create an account to access the private areas of the Site for downloading and uploading Content.
User Members
When a visitor to the Site registers to create an account to download Content, the visitor will become a "User Member". The User Member will select an available user name ("Member Name") and a corresponding user password ("Membership Password") to create a unique, personal membership account (a "Membership Account"). During registration, each User Member shall be given the opportunity to select a country, language, and currency designation. Such designation(s) may be revised at any time after the completion of the registration process. The User Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).
A User Member shall download Content only through his or her Membership Account, and such Content shall be subject to a separate Content License Agreement. Applicable royalty rates for sublicenses granted to User Members who download Content shall be in accordance with the Site's Standard pricing and payment policies.
2. General Acknowledgments and Agreements
Your use of the Site constitutes your acknowledgment and acceptance of these Terms of Use, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of these Terms of Use, do not use or access any portions of the Site or use any services offered on the Site. Tinted.one may, from time to time, without notice to you, change these Terms of Use and other rules or guidelines, in whole or in part, in its sole discretion and post such changes on the Site. Your continued access or use of the Site constitutes your acceptance of all such changes, and your access and use of the Site will be subject to the current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such access or use. It is your responsibility to regularly check the "Terms of Use" to view the then-current terms. If you do not agree to be bound by the terms and conditions of these Terms of Use as so amended, do not use or access the Site. Without limiting the foregoing, Tinted.one will use commercially reasonable efforts to notify its members of changes to these Terms of Use through blogs, web mail, forums, and other means of electronic communication.
Services on the Site are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Site are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all access and use of the Site. Your Membership Account on the Site may not be sold or otherwise transferred to another person or entity. If your use of the Site is on behalf of an entity, you represent and warrant that such party has full knowledge of your actions and has consented thereto and that you have the authority to bind such entity to these Terms of Use.
3. Use of Content and the Site
All of the contents of the Site, including the Content, are owned by Tinted.one or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You acknowledge and agree that no ownership of any Content can be transferred, and that no sale of any Content can be effectuated on or through the Site. Only the rights expressly sublicensed in a Content License Agreement are granted on or through the Site. Except as explicitly permitted under these Terms of Use or a Content License Agreement (if any), Tinted.one does not grant any express or implied permission to use any Content, and no portion or element of this Site or its Content may be copied or retransmitted via any means. Without limiting the foregoing, you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Site or any part of the Content without, or in violation of, a Content License Agreement with Tinted.one. You may not remove any copyright, watermark, or other proprietary notices contained in the Content, caption information, or any other material on the Site, and you are responsible for obtaining your legal advice, legal or otherwise, to determine whether additional third-party consents, rights, or privileges are needed for your use of the Content.
These Terms of Use are in addition to your obligations (if any) under a Content License Agreement with Tinted.one. In the event of any conflict between these Terms of Use or any other rules and regulations on this Site with an applicable Content License Agreement or Member Supply Agreement, the Content License Agreement or the Member Supply Agreement, as the case may be, will govern.
4. Restrictions as to Use of the Site
You agree that you shall not use the Site in any manner that is not permitted by these Terms of Use or that violates any law, regulation, or statute in an applicable jurisdiction. You shall not upload or post onto the Site, or use the Site to transfer, any Content or other material or content that is libelous or slanderous or otherwise defamatory, obscene, or indecent.
You shall not upload or post onto the Site, or use the Site to transfer, any Content or other material or content that contains or constitutes viruses, worms, Trojan horses, or other code with malicious, disruptive and/or destructive features. You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Site or obtain any services or information not intentionally made available to you by Tinted.one on or through the Site. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity or otherwise interfere with any other person's or entity's use of the Site. You shall not use any false or misleading information (e.g., false or misleading names, email addresses, or URLs) when using the Site, including, without limitation, with respect to the origin or source of any Content or other material or content that you upload or any identifying information for your Membership Account.
You may not use the Site in a fraudulent manner or otherwise in a manner for which the Site is not reasonably intended to be used. Without limiting the generality of the foregoing, you will not download Content for the primary purpose of artificially inflating the ranking of a given Content contributor or for the primary purpose of artificially triggering payments to a Content contributor. A Content contributor, or someone else on his/her behalf, may not download Content that such contributor has uploaded.
5. Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any Content or other content on the Site infringes upon your copyrights or other intellectual rights, you may submit a written communication to Tinted.one at hi@tinted.one. Such communication must contain the following information:
(a) a physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, in respect of the exclusive right that is allegedly infringed;
(b) a description of the copyrighted work or works that you claim has been infringed and, if applicable, a further description of what material or aspect of such Content is claimed to be infringing;
(c) identification of the 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 Tinted.one to locate the material;
(d) information reasonably sufficient to permit Tinted.one to contact you, such as an address, telephone number, and an electronic mail address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Management and Operation of the Site
You acknowledge and agree that Tinted.one has no obligation to review any Content or other material or content uploaded or posted onto the Site and shall have no responsibility for any such Content or other material or content. Tinted.one shall have the right, in its sole discretion, to accept or deny, delete, move, or edit any Content or other material or content uploaded or posted onto the Site. If you upload or post any Content or other material or content onto the Site, or any Content or other material or content is uploaded or posted onto the Site using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Content or other material or content.
Tinted.one reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Site at any time. You acknowledge and agree that Tinted.one has no obligation to make, or continue to make, the Site or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Tinted.one). Tinted.one reserves the right, in its sole discretion, to suspend, restrict, block, disable, or terminate your access or use of the Site or your Membership Account at any time without notice or liability to you and whether or not such measures are based on the existence of a breach of these Terms of Use.
You acknowledge and agree that Tinted.one shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Site, including any web log, comments to any web log, or any forum on the Site. You acknowledge and agree that Tinted.one shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Site. Tinted.one does not control such third-party websites, and the existence of any such hyperlinks does not imply any endorsement or affiliation with Tinted.one.
You acknowledge and agree that Tinted.one may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Site. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site. You acknowledge and agree that Tinted.one may also store personal information about you on its computers within or outside Canada. By using this Site, you acknowledge and agree that Tinted.one may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms of Use; respond to claims that any Content violates the rights of third parties; or to protect the rights, property, or personal safety of Tinted.one, its members, users, or the general public. Tinted.one will take precautions to protect your personal information; however, Tinted.one cannot guarantee that such personal information will be confidential and secure. Tinted.one shall not be responsible or liable for any matter or thing relating to the collection, storage, use, or transmission of your personal information.
7. Payments for Content
Transactions on the Site for downloading Content shall be conducted using the approved payment methods in accordance with Tinted.one's standard pricing and payment policies. If you purchase any Content by using a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Tinted.one to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. All purchases are final and non-refundable.
8. Membership Accounts
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided to you by Tinted.one, and the Membership Password selected by you and approved by Tinted.one for use with such Membership Name and Membership Account. Your Membership Name, Membership Account, and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name, and corresponding Membership Password, and that Tinted.one may rely on the use of your Membership Account, Membership Name, or Membership Password as conclusive evidence that you have used the Site. Tinted.one will not be liable for any losses whatsoever caused by any unauthorized use of your account or other breach of the security of your account; however, you may be liable for the losses of Tinted.one or others due to such unauthorized use or breach of security.
9. Indemnification
You agree to defend, indemnify, and hold harmless Tinted.one and its affiliates, and their respective officers, directors, employees, members, owners, agents, representatives, licensors, and (sub)licensees (collectively, “Indemnitees”) from and against all claims, damages, obligations, judgments, losses, liabilities, or any other expenses (including attorney fees and disbursements) or other liability arising from your breach of any of your representations, warranties, or obligations under these Terms of Use, and from any and all access and use by you of the Site (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel, or slander or other defamation, right of privacy or “false light,” right of publicity or blurring or distortion or alteration of any Content or other material or content whether or not intentional. Tinted.one shall have the right, in its sole discretion, to control the defense of any claim, action, or matter subject to indemnification by you with counsel of its choosing. You shall fully cooperate with Tinted.one in the defense of any such claim, action, or matter.
10. Limitations and Disclaimers
Your use of the Site is entirely at your own risk. You agree that neither Tinted.one nor its affiliates, nor any of their respective officers, directors, employees, members, owners, agents, representatives, licensors, and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect, or consequential, arising from any use by you of the Site, even if such parties have been advised, or advised of the possibility, of such damages, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS OR USE OF THE SITE OR THE CONTENT OR OTHER MATERIALS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT Tinted.one nor its affiliates, nor any of their respective officers, directors, employees, members, owners, agents, representatives, licensors, and (sub)licensees (other than yourself, as applicable) SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, Tinted.one MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TINTED.ONE WEBSITE OR THE SERVICES ON THE TINTED.ONE WEBSITE, OR ANY CONTENT OR OTHER MATERIALS AVAILABLE ON THE TINTED.ONE WEBSITE, INCLUDING THAT ANY ERRORS OR DEFECTS IN THE SITE OR THE CONTENT OR OTHER MATERIALS WILL BE CORRECTED, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR FREEDOM OF ANY SERVICES, OR ANY CONTENT OR OTHER MATERIALS FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE WITH MALICIOUS, DISRUPTIVE, AND/OR DESTRUCTIVE FEATURES.
Tinted.one shall have no responsibility for any Content or other material or content uploaded or posted onto the Site, including, without limitation any material or content uploaded or posted by any Member onto the Site in any forum or as any comment to a web log.
11. Term and Termination
The agreement created by these Terms of Use shall continue in perpetuity unless terminated in accordance with this Section 11. Tinted.one at any time may terminate the Terms of Use in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties, or obligations under these Terms of Use, or for inactivity by you with respect to your access or use of the Site. A User Member may at any time terminate their Membership Account by sending a written termination request to Tinted.one at hi@tinted.one. In the event termination is by Tinted.one, Tinted.one shall notify you of such termination. Tinted.one reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password. Termination of a Membership Account shall automatically lead to the termination of the User Member’s Content License Agreement, and vice versa.
Termination of a Membership Account shall not relieve a User Member from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated. The provisions of Sections 8, 9, 10, 11, and 12 shall survive the termination of the agreement created by these Terms of Use.
12. Miscellaneous
The Site is operated, and administered by Tinted.one from its offices within the Province of Quebec, Canada. By accessing or using the Site, you acknowledge and agree that these Terms of Use and all matters as to your access and use of the Site and the Content shall be construed and governed by the laws of the Province of Quebec and the laws of Canada applicable therein. All actions and disputes arising from or relating to these Terms of Use and all matters as to your access and use of the Site and the Content or other materials shall be heard and decided exclusively before the courts located within the Province of Quebec, Canada and you irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Quebec and waive any right you might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between Tinted.one and you under these Terms of Use is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your access or use of the Site.
No action or non-action of Tinted.one to exercise any power, right, privilege, or remedy under these Terms of Use, and no delay on the part of Tinted.one to do so, shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right, privilege, or remedy preclude any other or further exercise thereof or the exercise of any other power, right, privilege, or remedy under these Terms of Use. To the maximum extent permitted by applicable law, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. For clarification purposes, if such claim or cause of action is not filed within one (1) year, such claim or cause of action will be forever barred. If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions. The parties confirm their express wish that these Terms of Use, as well as any other documents relating to these Terms of Use, including notices, have been and shall be drawn up in the English language. Les parties aux présentes confirment leur désir expresse que ce Contrat et tous les documents qui s’y rattachent, y compris les avis, soient rédigés en anglais.
These Terms and Conditions outline the terms and rules that govern the use of Tinted.one. Please be aware that using Tinted.one implies your acceptance of these terms and conditions. It's essential to review and understand these terms before using our services.
1. Description of the Site and Membership Accounts
Tinted.one provides an online platform for downloading and uploading content. Users can register and create a Membership Account to access and download Content from the website. Membership Account creation is necessary to download and use the Content available on the site.
2. General Acknowledgments and Agreements
By using Tinted.one, you agree to these Terms and Conditions. You must comply with these terms to use the website and services. Tinted.one can modify these terms without notice, so it's your responsibility to review them periodically. If you disagree with the terms, please do not use the site.
3. Use of Content and the Site
All the content on Tinted.one, including images, is protected by copyright and other intellectual property laws. You cannot copy, distribute, or use the content without a proper license. These terms are in addition to any Content License Agreement you may have with Tinted.one.
4. Restrictions as to Use of the Site
You must use the site for legal purposes and follow all relevant laws. You cannot use the site to upload harmful content, interfere with others' use of the site, or conduct fraudulent activities. Any user found violating these rules may have their access terminated.
5. Notification of Claims of Infringement
If you believe someone is infringing your copyrights on Tinted.one, please contact us at [email address]. Provide detailed information to help us address your concern promptly.
6. Management and Operation of the Site
Tinted.one has the right to accept or deny, delete, move, or edit any content uploaded or posted on the site. We may change or discontinue any service or access to the site at any time. You are responsible for your use of the site and any material you post or upload.
7. Payments for Content
When purchasing content on the site, payments must be made following Tinted.one's pricing and payment policies. All purchases are final and non-refundable.
8. Membership Accounts
You are responsible for keeping your Membership Account credentials confidential. Do not share your Membership Name or Membership Password with others. Any use of your Membership Account, even if unauthorized, will be considered your responsibility. You are liable for any losses due to unauthorized use.
9. Indemnification
You must defend, indemnify, and hold Tinted.one and its affiliates harmless from claims, damages, or losses arising from your breach of these Terms of Use.
10. Limitations and Disclaimers
Your use of the site is at your own risk. Tinted.one, its affiliates, and their officers, directors, employees, and other representatives are not liable for any damages or losses resulting from your use of the site. The site and content are provided "as is" without any warranties.
11. Term and Termination
These terms are in effect indefinitely. Tinted.one can terminate your access to the site at any time for various reasons, including breaches of these terms.
12. Miscellaneous
These terms are governed by the laws of Quebec, Canada. Any legal actions will be conducted in Quebec's courts. If any part of these terms is found to be unenforceable, the remaining provisions will still be in effect.
Please be sure to read and understand these terms before using Tinted.one. If you disagree with any of these terms, please refrain from using our services. If you have any questions or concerns, feel free to reach out to us.