Terms of Service

REVISED: JULY 15, 2015

Your information privacy is extremely important to us. We have prepared this Privacy Policy to explain how we collect, use, and protect your data. These Terms of Service (“Terms”) govern your use of the Generation Tux website and the Generation Tux mobile application (“Site”) and the Generation Tux products and services (“Services”). These Terms apply to all users of the Site and Services. The Site and Services are provided by Generation Tux, Inc. and its wholly-owned subsidiaries (collectively “Generation Tux” “we” “our” “us”).

By using the Site or Services, you are agreeing to these Terms. Please read them carefully.

1. Eligibility You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
2. Additional Terms Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available to you when you use of that Service. By using such Services, you are agreeing to the applicable Additional Terms.
3. Acceptable Use of the Site and Services You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. When you use the Site or Services, you shall not: Generation Tux will investigate and prosecute violations of any of the above to the fullest extent of the law. Generation Tux may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Generation Tux has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Generation Tux reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that Generation Tux, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
   • violate any law or regulation;
   • violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
   • use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including photographs or personal contact information of others, without their permission;
   • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
   • send unsolicited or unauthorized advertising or commercial communications, such as spam;
   • transmit any malicious code or computer viruses;
   • stalk, harass, or harm another individual;
   • impersonate or misrepresent your affiliation with someone else;
   • use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although Generation Tux may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Generation Tux reserves the right to revoke these exceptions either generally or in specific cases);
   • use automated methods to use the Site or Services in a manner that sends more requests to the Generation Tux servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
   • interfere with or damage the Site or Services, including, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
   • register for more than one Generation Tux account or register for a Generation Tux account on behalf of an individual other than yourself;
   • recruit or otherwise solicit any user to join third party services or websites that are competitive to Generation Tux, without Generation Tux’s prior written approval;
   • use, display, mirror, or frame the Site or any individual element within the Site or Services, Generation Tux’s name, any Generation Tux trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Generation Tux’s express written consent;
   • access, tamper with, or use non-public areas of the Site, Generation Tux’s computer systems, or the technical delivery systems of Generation Tux’s providers;
   • attempt to probe, scan, or test the vulnerability of any Generation Tux system or network or breach any security or authentication measures;
   • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Generation Tux or any of Generation Tux’s providers or any other third party (including another user) to protect the Site or Services;
   • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or
   • advocate, encourage, or assist any third party in doing any of the foregoing.
4. User Content You own all content and information you post or share using the Site or Services (referred to as “User Content”). You give Generation Tux permission to use your User Content as follows: you grant to Generation Tux and its affiliates a license to use, copy, or display your User Content in connection with the Site or Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Generation Tux, the Site, or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.You promise that:We may refuse to accept or transmit any User Content. We may remove User Content from the Site or Services for any reason.
   • you own all rights to your User Content or, alternatively, that you have the right to give Generation Tux the rights described above;
   • you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
   • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
5. Ownership Other than User Content, we own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content”) and Generation Tux’s trademarks, logos, and brand elements (collectively, the “Marks”). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.
6. Copyright and Intellectual Property Policy NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).To be effective the notification should include: You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site and Services without liability. COUNTER-NOTICE BY ACCUSED USERIf we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following: Please send all notices under the above copyright infringement policies by e-mail or mail to the following individual, designated as Generation Tux’s agent for receipt of notifications of claimed infringement: 235 Montgomery Street, Suite 1070, San Francisco, CA 94104
   kcm@kcmaxlaw.com. Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice. REPEAT INFRINGERS Your account will be terminated if, at our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
   • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
   • identification of the claimed infringing material and information reasonably sufficient to permit Generation Tux to locate the material on the Site or Services;
   • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
   • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
   • your physical or electronic signature.
   • your physical or electronic signature;
   • 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 you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
   • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

KC Maxwell

1. Privacy Generation Tux respects your privacy. Please read our Privacy Policy to learn how we collect, use, and disclose information about you.
2. Third Party Content and Interactions The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Generation Tux, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Generation Tux is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that Generation Tux is under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release Generation Tux and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
3. Returns and Payment All items for sale on the Site are final sales. No returns are accepted, except for defective items. Please see our Rental Terms below for information about fees and payments for rental items. Except where noted otherwise, the prices displayed for the Services do not include any applicable sales tax that we may be required to collect from you.
4. Rentals All rentals are also subject to our Rental Terms below.
5. Product and Service Images and Descriptions We attempt to be as accurate as possible. However, we do not warrant that product or service images or descriptions or other content displayed on the Site or Service is accurate, complete, reliable, current, or error-free.
6. Links The Site and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
7. Changes to the Site or Services Generation Tux enhances and updates the Site and Services often. We may change or discontinue the Site or any Services at any time, with or without further notice to you.
8. Termination We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
9. Disclaimer and Limitations on Our Liability YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GENERATION TUX AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).IN PARTICULAR, GENERATION TUX AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. GENERATION TUX AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES. GENERATION TUX AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENERATION TUX OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. TO THE EXTENT PERMITTED BY LAW, NEITHER GENERATION TUX NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GENERATION TUX AND ITS AFFILIATES FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES GIVING RISE TO SUCH CLAIMS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Generation Tux may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Generation Tux’s liability will be the minimum permitted under such law.
10. Indemnification You agree to indemnify, defend, and hold Generation Tux and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to (a) any information (including your User Content or any other content) that you or anyone using your account submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Generation Tux reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Generation Tux in such defense.
11. Other ProvisionsUnder no circumstances will Generation Tux be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Site, or any Services will be filed only in the state or federal courts located in San Francisco County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. The failure of Generation Tux to enforce any right or provision of these Terms will not prevent Generation Tux from enforcing such right or provision in the future. You may not assign these Terms to anyone without our prior written consent. However, you agree that we may assign these Terms to an Affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent.
12. Changes to these Terms We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the “Revised” date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.