Terms of Use

Welcome to Tykoon.com a website and mobile application managed by Tykoon, Inc. (“Tykoon”, “us”, or “we”) provides online services and mobile device software applications (“Tykoon Services”) available from the domain and sub-domains of tykoon.com (the “Site”). Our services include our website Tykoon.com, our authenticated web service application site accessed through www.tykoon.com and an Apple iOS application currently available at the Apple iTunes Store. For ease of reference our Site and any related services also includes related features, content, applications and associated mobile device applications that we may offer from time to time in connection with the Tykoon Services and Site, either directly, or through our subdomains or affiliates (collectively referred to as our “Services”).

The Terms of Use Agreement (“Agreement”), together with our Tykoon Privacy Policy and any other terms applicable to the Services, all of which are hereby incorporated by reference, set forth the legally binding terms for your use of the Services By using our Services on Tykoon.com or on Mobile applications, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Tykoon.com website) or you are a “Registered User” (which means that you have registered with Tykoon.com). BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, If you sign up for additional services that are governed by additional terms and conditions, we will inform you accordingly when you sign up or opt-in to such additional services. Any additional services will be governed by the additional terms and conditions for such services and, unless otherwise provided by such additional terms and conditions, they are hereby incorporated into this Agreement by reference.

1. Content and Services.

Tykoon is not a bank. The Site is designed to be used by children in partnership and conjunction with their parent(s) or legal guardian(s) (the “Parent”). In all cases, the Parent shall have ultimate control over any money or funds used through or in connection with the Site. Our site features and functions allow children to track virtual balances earned through the completion of tasks or assignment of allowance or receipt of other gifts or rewards. The balance and funding of any purchases or donations on our Site and any other financial responsibility shall be paid solely by the Parent, and not by Tykoon.

2. Access to the Site

Access to certain portions of our Site requires login and password information provided only to only Registered Users.

2.1 Parent Member Account.

In order for you and your family members to participate in the Services, a parent, legal guardian or authorized person must create an account for your use (a “Parent Account”) by registering on the Site. The Parent Member Account may thereafter create one or more additional Child Member Accounts (as defined hereunder) under the management of such Parent Account for other child members of your family. Both your Parent Account and related Child Member Accounts are referred to as “Accounts” in this Agreement.

2.2 Child Member Account.

Upon registration Parent Account holder can establish and authorize use of the Services to authorized Child Members. Child Member accounts are created only by the Parent Account Holder and are subject to the Tykoon Privacy Policy (http://www.tykoon.com/privacy-policy/).

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THE SITE.

2.3 Account Management.

As the Parent Account holder you represent, warrant, and agree that you will maintain the accuracy of Parent Member and Child Member registration information; and that as Parent you are of sufficient legal age in your jurisdiction to create binding legally obligations.

2.4 Use of Account.

By using the Site, you: (i) agree to be bound by the Agreement; (ii) represent and warrant that as Parent Account holder you are either: (a) at least eighteen (18) years old; or (b) a parent or legal guardian of a Child Account User that is under the age of eighteen (18) years old and legally responsible for such minor user’s use of the Site; and (iii) represent and warrant that you have the legal authority to accept the Agreement. If you do not agree with the Agreement, you are not authorized to use the Site. Use of Services is voluntary. You may cancel your Parent Member Account or Child Member Account(s) at any time by using the Site settings under the Parent Account profile or by contacting Tykoon at legal@tykoon.com. You agree that you will be responsible for maintaining your username and password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your username and password. You agree to immediately notify Tykoon at legal@tykoon.com in the event that (i) your username is lost or stolen, or (ii) you become aware of any unauthorized use of your username and password or of any other breach of security related to the Site. Tykoon is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

2.5 Term.

This Agreement shall remain in full force and effect unless and until your Account is terminated as provided herein. You may delete your Parent Account and associated Child Account(s) and end your use of the Tykoon Services at any time and for any reason by following the instructions at http://my.tykoon.com/parent/settings/accounts or by contacting Tykoon support at legal@tykoon.com.

Tykoon may terminate your Account:

• Immediately and without notice if you are in breach of any of the terms in this Agreement; or if we believe that your use of the Services may cause liability for you, your child or other Tykoon Registered Users, or for us;

• With seven (7) calendar days notice by sending an e-mail to the Parent Account Owner’s e-mail address as specified in your Parent Account if Tykoon decides in its sole discretion to stop providing applicable Services.

Any termination of a Parent Account will automatically lead to the termination of all associated Parent and Child Accounts.

2.6 Backup of Data.

Tykoon is not obligated under this Agreement to backup any User Data that is posted on the Tykoon site. When your Account is terminated, you will no longer have access to any User Data that you have posted and we may delete such User Data at our sole discretion.

3. Data

From time to time, you may provide Tykoon with information, including, without limitation, Personal Information (as defined in our Privacy Policy), suggestions, ideas and/or any other content (collectively, “Data”). You hereby grant to Tykoon a non-exclusive royalty-free license to the Data solely for providing the Services, for operating the Site and for other purposes permitted by or set forth herein. You represent and warrant that you have obtained all necessary rights to provide the Data to Tykoon.

4. Ownership and Restrictions.

Subject to the terms and conditions of this Agreement, Tykoon grants you a limited license to use the Services for internal purposes only as set forth herein, if you are a Registered User. Except as expressly permitted under the Agreement, you agree not to (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services; (ii) decompile or reverse engineer any object or source code on the Site or any part thereof; or (iii) rent, lease, or sell as a subscription service any access to the Site through your Parent User Account or associated Child User Account(s).

4.1 Trademarks and Service Marks

The following are trademarks and service marks (collectively, the “Marks”) are owned exclusively by Tykoon, Inc.:

Tykoon

Tykoon.com

Tykoon – Star Young Go Far

Other logos, icons, illustration and designs used on our Site are owned by Tykoon, Inc. Other marks not depicting or describing Tykoon Marks are used with the permission of their respective owners. You agree not to use or display any Marks without the prior written consent of Tykoon or the owner of such Marks.

5. Acceptable Use and Conduct

You are solely responsible for any and all Data that is posted by or through your Parent Account or associated Child Account(s) on the Site, and for your interactions with any other Registered User(s) on the Site.

5.1 Breach.

Any use of the Services in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Services.

5.2 Enforcement by Tykoon.

We reserve the right to review any Data posted on the Site and to remove such Data if we believe in our sole discretion that it is offensive or inappropriate in any way or violates our Code of Conduct which is located at: http://tykoon.com/code-of-conduct/. We further reserve the right to investigate and take appropriate legal action in our sole discretion against you if you or your children violate this provision or any other provision of this Agreement, including without limitation, terminating your Parent Account and Child User Account(s) membership.

5.3 Non-Commercial Use.

The Services are for the personal use only and may not be used to promote any commercial endeavors or services. You agree not to engage in advertising to, or solicitation of, any Registered User to buy or sell any product(s) or services through the Site. Commercial advertisements, affiliate or third-party links, and other forms of commercial solicitation may be removed from your Data without notice and may result in suspension or termination of your Parent Account and associated Child Account(s).

5.4 Prohibited Behavior.

You will not:

• Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect Tykoon, Inc., any Registered User or any affiliated third party;

• Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities supporting our Site or third-party affiliates; or,

• Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive.

5.5 Miscellaneous.

You will not attempt to impersonate another Registered User or any of our employees, advisors, directors or investors. You will use the Services in a manner consistent with any and all applicable laws and regulations.

6.Third-Party Websites and Application Program Interfaces

Our Services may contain links to third-party websites and integration with third-party Application Program Interfaces (“Third-Party Websites”).

Some of your Account Information may be stored by third parties, such as third party payment processors. You hereby authorize Tykoon to access your Account Information that is maintained by identified third parties on your behalf as your agent to fulfill your participation in the Site with certain transactions. Tykoon will, as applicable, submit information that you provide to Tykoon to the applicable third party. You hereby authorize and permit Tykoon to use information submitted by you to the Services (if any) to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. YOU ACKNOWLEDGE AND AGREE THAT WHEN TYKOON IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM THIRD PARTY SITES, TYKOON IS ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR TYKOON’S USE OF SUCH INFORMATION.

The Website may contain references or links to the websites of Third Party Providers and other third parties, which are not maintained by us. We have no control over such websites or their content. We try to include links to only those websites that are in good taste and safe for users of the Website, but we are not responsible for the content or accuracy of any websites other than the Website. The inclusion of a link to a third party’s website in the Website does not imply our endorsement of that website. If you decide to use any link on the Website to access a third party’s website, you do so at your own risk and subject to the terms of use and privacy protections, if any, of such website.

These third parties may charge you additional fees during transactions such as costs associated with processing and distributing online donations to your favorite charity.

7. Disclaimers

ALL CONTENT AND FUNCTIONALITY PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVID EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE, OR ANY GOODS AND SERVICES OFFERED THROUGH OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AVID DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM IT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Availability

Tykoon, Inc. makes no commitment that the Website will be available at any time or at all. In particular, there will be occasions when the Website will not be available as the result of either (i) maintenance, upgrades and emergency repairs, or (ii) failure of telecommunications links and equipment that are beyond our reasonable control. You agree that Tykoon, Inc, in its sole discretion, may modify, suspend or discontinue the Website and that we shall have no liability to you as a result of any modification, suspension or discontinuance of the Website. You acknowledge that you are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all systems and equipment necessary to access the Website.

9. Limitation on Liability

As a condition of access to our Site, you release Tykoon, Inc. (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that: (a) we will have the right but not the obligation to resolve disputes between Registered Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release Tykoon (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

10. General

10.1 Amendments.

This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify the Parent Account Owner at the Parent Account e-mail address in our records, as specified in your Account.

10.2 Force Majeure.

Any delay in the performance of any duties or obligations of either party and their suppliers will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

10.3 Applicable Laws.

This Site is controlled by Tykoon, Inc. from its corporate offices within the State of New York. Those who choose to access this Site do so on their own initiative and are responsible for compliance with applicable local laws in their locale and jurisdiction. You may not use or export any source or object software code or content on the Site in violation of United States export laws or regulations. Any claim relating to the Site must be filed within one year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of New York without regard to its conflicts of laws provisions. Venue with respect to any dispute between the users and Tykoon will rest exclusively in the state or federal courts located in New York, New York.

10.4 Other.

This Agreement is accepted upon your use of the Services, by registering or using an Account, and/or becoming a User. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Please contact us at legal@tykoon.com with any questions regarding this Agreement. All notices to Tykoon intended to have a legal effect must be delivered in writing to: Tykoon, Inc., 37 West 20th Street, Suite 1004, New York NY.