terms of service

The ticqle.com Service ("Service"), owned and operated by bigwheel creative, LLC (the "Company"), is provided to you the "User" under the terms and conditions of this Terms of Service Agreement (the "Agreement") and any operating rules or policies that may be published from time to time by the Company. Company and User are collectively referred to as the "Parties."

BY COMPLETING THE REGISTRATION PROCESS, CHECKING THE "I AGREE" CHECKBOX, OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, THE USER AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE "I AGREE TO THE TERMS OF SERVICE" CHECKBOX MUST BE UNCHECKED. COMPANY WILL PROMPTLY CANCEL THIS REGISTRATION TRANSACTION. THE USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE WITHOUT ACCEPTING THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT.

1. Terms of Membership

User obtains membership to Service under the following conditions:

• Currently, membership to the Service is free of charge. User agrees that upon implementation of service fees, continued use of the Service will be permitted only after such fees are paid in full.
• User is responsible for fees related to the purchase of equipment and service, including but not limited to a computer, all necessary software, Internet connection, mobile telephone or alphanumeric pager, and airtime/service for such a device.
• User warrants that he or she is age 18 or older and legally and financially able to enter into this Agreement.
• User will obtain and maintain one unique membership to the Service.
• Company permits one (1) membership per valid electronic mail address.
• User will be courteous in selecting his or her username. Company does not permit use of vulgar or offensive terms in User’s username.
• If the above conditions are not met, User will not be able to access the Service.

2. Service Terms and Limitations

a. Description
The Service is owned and operated by the Company, its partners, affiliates and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Service is licensed, not sold. Subject to the timely completion of any and all necessary forms documents, and the terms and limitations set forth in the Agreement, the Company will provide the User with a personal, non-transferable, and non-exclusive account, which will allow User to access and use the Service.

b. Accessibility
User accepts the fact that the Service may be inaccessible or inoperable for any duration of time and for any number of reasons, including but not limited to: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs, which the Company may occasionally undertake from time to time; (iii) high volumes of concurrent site users; or (iv) causes beyond the control of the Company, which are not reasonably foreseeable by the Company. At no time shall Company be held liable, or shall User attempt to hold Company liable, for User’s ability or inability to access any or all parts of the Service.

c. Equipment
User shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, and other physical requirements necessary to use the Service, including, without limitation, a mobile phone or alphanumeric pager, computer, Internet access, or any other programs and services required to access and use the Service. Additionally, User is responsible for all fees required to purchase or otherwise obtain equipment, programs, hardware, software and services necessary to use and access the Service.

d. Cost
Currently, User’s membership with Service is free of charge. Company reserves the right to, at any time, require payment of periodic or usage-based fees for continued use of the Service. Company will not institute fees, nor will Company charge User fees, without first obtaining consent and necessary billing information from User.

3. Limitations

a. Security
Company will not endanger the security of any information contained within or necessary to the operation of User’s account. Except as outlined in the Privacy section below and in the Service’s Privacy Policy, Company will not release any information entered by the User or derived from their use of the Service. User is solely responsible for: the security and confidentiality of all account information, including without limitation passwords, usernames, profile information and any other data entered by the User in order to utilize the Service; the security, confidentiality and integrity of all communications the User receives and transmits through the Service.

b. Privacy
Except as stated in the Privacy Policy, Company will not monitor, edit or disclose any personal information about User or User’s account, without User’s prior consent unless Company has a good-faith belief that such action is necessary to: (i) comply with any legal requirements of any governmental authority; (ii) protect and defend the Company; (iii) enforce this Agreement; or (iv) protect the interests of users of the Service other than User. Please see our Privacy Policy at http://www.ticqle.com/wired/privacy.asp for details.

4. User Representations

User warrants to Company that: (a) he or she is age eighteen (18) or older and has the power and authority to enter into and perform his or her obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement; (d) the User has provided and will provide accurate and complete registration information; and (e) User shall use the Service in accordance with the Code of Conduct below.

5. Prohibited Uses

User is solely responsible for any and all acts and omissions that occur under User’s account or password. User agrees not to use the Service: (a) for illegal purposes; (b) to interfere, disrupt or attempt to gain unauthorized access to accounts on the Service other than the User’s; (c) to create a false identity; (d) to transmit any material that encourages conduct that could constitute a criminal offense; and (e) to engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

Company does not endorse any inappropriate, illegal or immoral use of the Service. Company may, in its sole discretion, remove or disable access to any or all portions of the Service stored on the Company’s servers at any time and for any reason. The Company has no obligation to monitor any User Content, but reserves the right in its sole discretion to do so. Company may, in its sole discretion, determine any action to be "inappropriate" and take whatever actions Company deems fit and necessary toward the User.

6. Code of Conduct

ticqle was created to unite people with similar interests and to help friends, acquaintances and associates more easily keep in touch with one another. You are responsible for adherence to this Code of Conduct. The Company cannot ensure that all users will adhere to this Code of Conduct and therefore disclaims any harm that results from violation of these guidelines. By using the Service, you are hereby agreeing to comply with the following Code of Conduct.

a. Etiquette Statement
Our goal with ticqle is to bring people together. But, people should only be brought together when and under what circumstances they see fit. Privacy, control, and freedom must be maintained at all times. The freedoms and wants of one should not infringe on the freedoms and wants of others. We absolutely do not promote or allow expressions of vulgarity, indecency, bigotry, racism, sexism, or otherwise offensive behavior including, but not limited to, illegal, hateful, abusive, and threatening acts.

b. Member Conduct Guidelines
The following is a non-exclusive list of Content and actions that are prohibited on the Service. Company reserves the right to modify the Code of Conduct at any time, in addition to terminating the Service, or User’s ability to access any or all parts of the Service, at any time, with or without notice.

Company does not prescreen or monitor any messages, communications or other Content available on or through the Service. However, Company may investigate the messages, communications and other Content transmitted by any User when Company has reason to believe this Agreement or Code of Conduct are being violated.

Users may not use the Service to publish, post, distribute, display, or propagate:

• Any images, graphics, information, data, text, files, links, software, chat, message, communication or other material (Content) that is unlawful, harmful, threatening, abusive, harassing, libelous, indecent, obscene, or invasive of another's privacy. This includes the posting of another's private information.
• Any Content containing hate speech, racism, sexism, or speech of a blatantly sexual or graphically violent nature.
• Any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information, or other proprietary and confidential information.
• Any unsolicited advertising, promotional materials, spam, chain letters, junk mail, or pyramid or other investment schemes.
• Any distribution lists compiled through the Service to anyone without the permission of all persons on any such lists. Under no circumstance may any commercial use be made of any distribution list compiled through the Service or of any database maintained through the Service.
• Any Content that is false, misleading, or designed to manipulate any equity, security, or other market.

Users may not:

• Use the Service to stalk individuals.
• Use the Service to sell, purchase, or offer to sell or purchase, any registered or unregistered securities.
• Use the Service to sell, purchase, or offer any harmful, illegal, obscene, pornographic, or indecent products and services prohibited by any applicable law.
• Intentionally or unintentionally violate any applicable local, state, national, or international laws.
• Use the Service in any manner that would violate any regulation of the United States Securities and Exchange Commission, or any regulation of any stock exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange, and the NASDAQ.
• Use the Service to conduct contests or extract fees from Members to participate in raffles and contests for personal or commercial gain.
• Pretend to be anyone whom you are not. You may not impersonate another Member, a Company employee, or anyone else.
• Use the Service for purposes of gathering personal identifying information from individuals for commercial or unlawful purposes.
• Incorporate any word in a username that violates any trademark, service mark, or other proprietary right of any third party, including, without limitation, any trademark or service mark of Company.
• Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service.
• Disobey reasonable requests made by Company officials.

By submitting or transmitting any Content through the Service, you automatically warrant that the owner of such Content has expressly granted Company the royalty-free, perpetual, irrevocable right and modify, adapt, publish, translate, distribute Content (in whole or part) worldwide.

Company reserves the right to terminate any Member's account at any time, for any reason or for no reason. Company may terminate the account of any Member who violates any of this Code of Conduct or of any Member who violates the rights of Company, of any other user, or of any third party. Once a Member's account has been terminated, that user may not access the Service in any manner, or for any reason, without the express written consent of Company.

7. Termination

This Agreement is effective upon the User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or rescind access to any or all portions of the Service; (b) temporarily suspend User’s access to or use of any or all portions of the Service; and (c) terminate this Agreement.

8. Disclaimer of Warranties

THIS SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S SOLE RISK. COMPANY DOES NOT WARRANT THAT: THE SERVICE WILL BE UNINTERUPTED OR ERROR FREE; USER’S WILL BE MATCHED WITH OTHER USERS; MATCHES WILL RESULT IN ANY LONG-TERM OR SHORT-TERM RELATIONSHIP OF ANY KIND; ANY RESULTS OR OUTCOMES MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

9. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE; ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE; DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO AS A DIRECT OR INDIRECT RESULT OF USE OF THE SERVICE; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER OR ON USER’S BEHALF TO COMPANY FOR THE SERVICE PROVIDED HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7, ABOVE.

It is the goal of ticqle to provide a high quality, fully functional service that is both entertaining and useful. Additionally, ticqle is intended to help people meet those with similar interests. Furthermore:

• Company is not responsible for any Content submitted by a User.
• Company is not responsible for the accuracy, currency or quality of information pasted on the Service.
• Though it is the mission of ticqle to be a usable, functional Service, Company is not responsible for User’s ability or inability to access the Service.
• Company may revoke any or all portions of Service from any or all members for violation of this Agreement or any other reason. Company is not responsible for any violations of this Agreement, the Code of Conduct or the Privacy Policy.
• Company is not responsible for any fees associated with a User’s ability to access the site. This includes but is not limited to: Internet access, telephone or pager service, wireless web access, equipment, or any other hardware, software or membership necessary to access the Service.
• Service is intended for use by those age 18 and older. Company may post Content on the site intended for an adult audience. Company is not responsible for any material posted on the Service that User may find inappropriate, insulting, harmful or inflammatory or otherwise offensive.

10. Indemnification

User agrees to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) User’s use of the Service, including any transmission sent or received by User; (c) any allegation that User Content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; and (d) any unacceptable use of the Service, including, without limitation, any use prohibited as unacceptable at in the Code of Conduct above.

11. No Resale or Commercial Use of the Service

User’s right to use the Service is personal to the User, who is an individual. User agrees not to sell or resell the Service without the express consent of Company.

12. Miscellaneous

a. Independent Contractors
The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

b. Amendment
Company shall have the right, at any time and without notice, to add or modify the terms of this Agreement, simply by posting such amended terms on the site. User’s access to or use of the Service after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms. The most current Agreement will always be posted at http://www.ticqle.com/wired/tos.asp.

c. Waiver
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

d. Severability
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

e. Notice
All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or email to either parties’ last know post office, facsimile or email address, respectively. User hereby consents to notice by email. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.

f. Law
This Agreement is made in and shall be governed by the laws of the Commonwealth of Massachusetts without reference to conflicts of laws. Any portions of this Agreement found to be in violation of the laws of the Commonwealth of Massachusetts shall be considered void. Voided portions of this Agreement shall not have any impact on any other portion of the Agreement.

Use of the Service is prohibited in any jurisdiction that considers this Agreement void in its entirety.

g. Forum
All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the Commonwealth of Massachusetts. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the Commonwealth of Massachusetts. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise or personal and subject matter jurisdiction by the federal or state courts in the Commonwealth of Massachusetts and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the Commonwealth of Massachusetts. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the Commonwealth of Massachusetts.

h. Attorney's Fees
If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

i. Force Majeure
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

j. Assignment
User will not assign, in whole or in part, any of its rights or obligations under this Agreement without the prior written consent of Company. Any assignment in violation of this section shall be void.

k. Entire Agreement
This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supercedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written between the parties concerning the Service.

l. Mergers and Acquisitions
In the event that Company is acquired by or joins a third party entity, this Agreement may, at the request of the third-party entity, become null and void. Any new controlling party shall publish a new terms of service agreement for User’s review. By continuing to use the Service following such posting, User accepts the new terms of service agreement.

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