Tipit.to Terms of Service

March 23^rd, 2008

This Terms of Service legal agreement is between you and Like It Tipit Ltd. This agreement governs your access to and use of the Tipit.to service both as someone who tips, and who receives tips, with the service. Please review the entire agreement; you are BOUND by these Terms of Service agreement when you mark the AGREE WITH TERMS OF SERVICE checkbox when you register an account.

Summary

This is the human readable summary. It serves to give you a rough idea of the content.

You should definitely read the fine print below as you're agreeing to all of it.

For everyone:

Tipit.to is a tipping service; you are paying for stuff you've already seen. There are absolutely no requirements or expectations for the people you are tipping! They can fail to honour promises, take their site offline, or turn previously free content into paid content. If a tipjar owner reneges on promises made after he has received the money, that's an issue between the tipper and the tipjar owner. Tipit.to does not take any responsibility for this and will not undo payments made or negotiate on your behalf.
Tipit.to always intends to pay out all tips, except during the case of insolvency of Like It Tipit Ltd.
You must be at least 18 years of age and legally allowed to enter into a legally binding agreement.
Tips made with Tipit.to are usually not tax-exempt. Check with your local finance laws to be sure, but Tipit.to is not registered as a tax-exempt organization, so you probably can not use them to acquire a tax break.
Privacy Policy: We will closely guard your personal information and we will never share this with third parties without your explicit consent, or if we are compelled to do so by law.

For tipjar owners:

Like It Tipit Ltd. does not guarantee payment of tips in any way but has the intention of paying out all money to tipjar owners. In other words, we pay out, but we aren't a bank,
Tipjars do not accrue interest! We need to cover our server costs somehow and the interest is one way we pay the bills.
When you cash out, you will be charged a small fee to cover transaction costs. This fee just covers bank transaction fees; check the current fee at the Frequently Asked Questions page.
Tipit.to tipjars are usually not tax-exempt. You are probably legally bound to report any financial gain from tips as income. Check your local finance laws.
Tipit.to is NEVER responsible for YOUR tax matters!
The balance of your account can change due to exchange rate fluctuations. Money tipped in a certain currency is stored as such and only converted to a target currency at a later stage. Because of fluctuations in foreign exchange markets, your total account balance is merely a snapshot representation of its current total worth.
You are responsible for keeping your password and email account secure! If either is compromised, an unauthorized person may empty your tipjars. We are not responsible if this happens to you.

Terms of Service

1. Terms

"You", "you", "tipper", or "tipjar owner": A person or business that applies to, registers for, or uses the Tipit.to website to make and/or receive tips.
"Tipper": A user that tips tipjar owners via the tipit.to website.
"Tipjar Owner": A user that uses Tipit.to to receive tips from others. A user can be both a Tipper and a Tipjar Owner.
Tipit.to: The service offered by Like It Tipit Ltd, includes everything on the http://tipit.to/ and https://tipit.to/ websites, as well as "Like It? Tipit!" widgets.
"Like It? Tipit! widget", "tipit link": The visual button-like construction that Tipjar Owners can put on any site they control to make it easier for tippers to tip them.
Ltd (as in: Like It Tipit Ltd, the company that runs the Tipit.to service): Short for 'Limited', a British company type indicating a private company limited by shares. The liability of the shareholders is limited to the capital originally invested.
Payment Instrument: The credit card or debit card that is registered by a Tipper with the Tipit.to service to enable the processing of Payment Transactions.
Payment Transaction: The processing of a payment for one or more tips. This will result in the debiting or charging of the total tip amount to a Tipper's Payment Instrument. The tips will then be made available as funds to one or more Tipjar Owners.
Payout Transaction: The processing of one or more tips from one or more tipjars, all controlled by the same Tipjar Owner. Payout Transactions mark all included tips as 'paid out' and cause Like It Tipit Ltd to pay out the total amount, after currency conversion, fees, and taxes (if applicable) have been deducted.

2. The Tipit.to service

The Tipit.to service, provided and operated by Like It Tipit Ltd, allows anyone to sign up to the service. Users of the service can use the Tipit.to service to record the intent to tip any other user (this user will need to open a tipjar account to accept tips). Users can settle all tip intentions by paying Like It Tipit Ltd the value of the sum of all intended tips. Upon receipt of payment, the Tipit.to service will make the funds from these tips available to the intended tipjar owners, minus relevant taxes and fees.

3. Requirements for Signing Up

In order to use the Tipit.to service as a person you must be capable of entering legally binding agreements, and at least eighteen 18 years old. If you are representing a business entity, you must also be duly authorized to do business in the country or countries where you operate, and your employees and other agents must be duly authorized to access the Tipit.to service. Any transactions conducted under your user name are legally bound to these Terms of Service; you are responsible for communicating these Terms to anyone you give access to your account to.

To secure your performance of this Agreement, you grant to Like It Tipit Ltd a lien on and security interest in your Account.

4. Payment Transactions

The Tipit.to service facilitates 'tip transactions'. Tip transactions consist of a user being referred to the Tipit.to site by a tipjar owner to pay a tip to a specified tipjar. Tipit.to pays out all money except transactions costs accrued in this fashion in tipjars as a referrer fee for the service rendered by tipjar owners to refer tippers to Tipit.to.

Tipit.to will store information from Tippers and Tipjar Owners in order to process payment and offer profile information online, as well as transaction and tip overviews. The Tipper is paying the Tipjar Owner a tip for content already consumed, or acts already performed. A Payment Transaction in no way constitutes payment for a service or good and thus the Tipper may not expect or demand any good or service from the Tipjar Owner. Usage of the Tipit.to service as a payment system is not allowed. Tipit.to's reporting on actual tip status, including when it was paid, and even if it was paid, may not show up in a timely fashion. Total tip amounts may contain outdated information.

Tipit users are always responsible for their own tax matters. See chapter 6—"Taxation" of these Terms of Service.

Tippers may not tip themselves. Tipit.to reserves the right to claim any tips made in this fashion.

You agree to release Like It Tipit Ltd and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve Like It Tipit Ltd in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Tipjar Owner, other Tipper, or other third party in connection with the Tipit.to service. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Like It Tipit Ltd and affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the Tipper's card issuer agreement, the card association rules or applicable laws, such as the United States federal Truth in Lending Act or the Electronic Fund Transfer Act.

Like It Tipit Ltd is not responsible for maintaining a Payment Transaction history and is not responsible for sending invoices of any sort.

5. Limitation of Liability and Force Majeure

IN NO EVENT SHALL ANY LIKE IT TIPIT LTD PARTY OR ASSOCIATES BE RESPONSIBLE OR LIABLE TO TIPPER, TIPJAR OWNER, OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY LIKE IT TIPIT LTD PARTY OR THE TIPIT.TO SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF THE ACTION, EVEN IF LIKE IT TIPIT LTD OR ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

IN NO EVENT SHALL LIKE IT TIPIT LTD AND ASSOCIATES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES LIKE IT TIPIT LTD HAS ACTUALLY RETAINED FROM THE TIPPER'S OR TIPIT OWNER'S VALID TRANSACTIONS DURING A THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations stipulated herein; these limitations are an essential element of the bargain between the parties, and for the Tipit.to service.

Tipit.to is not liable for any failure or delay resulting from any condition beyond the reasonable control of Like It Tipit Ltd, including but not limited to governmental action, labor conditions, power failures, and network problems.

6. Taxation

Tipit.to is not registered as a tax-exempt organization under any jurisdiction. In particular, Tipit.to is *NOT* a tax-exempt organization under Section 501(c)(3) of the United States of America Internal Revenue Code.

Payout Transactions performed by Like It Tipit Ltd are made only as a transaction intermediary for the tips provided by Tippers. You may be required to register these transactions as taxable income. In any case, Tipit.to is not responsible for reporting this income to any organization or government body, and Tipit.to is not liable for any repercussions or fees suffered by Tipjar Owners in regards to taxation of Payout Transactions.

In case tax authorities demand information from Like It Tipit Ltd, Like It Tipit Ltd may be forced to release any and all information.

7. Rights and Guarantees pertaining to promised funds

Like It Tipit Ltd manages all funds in the Tipit.to system until a Tipjar Owner decides to cash out these funds.

Like It Tipit Ltd and the Tipit.to service facilitate Transactions on behalf of Tippers and Tipjar Owners. In order to do so in a manner which is feasible, Like It Tipit Ltd will hold funds in connection with processing of Payment Transactions and Payout Transactions. Funds held in this manner are not deposit obligations and not insured for the benefit of either the Tipper or the Tipjar by any governmental or other agency. Like It Tipit Ltd is not a bank or other chartered depository institution.

Like It Tipit Ltd and the Tipit.to service should not be construed as a bank. Any funds promised to a Tipjar Owner do not qualify for any interest, and payment to a Tipjar Owner in the form of a Payout Transaction will incur reasonable transaction fees (specifically, Like It Tipit Ltd will recover any financial fees incurred for processing payments) both for the Tipper's Payment Transactions into the Tipjar Owner's Account, and for the Payout Transaction itself. Like It Tipit Ltd is not responsible for finding a way to transfer funds to a Tipjar Owner; Tipjar Owners are responsible for checking if the Tipit.to service offers a Payout Transaction method suitable for the Tipjar Owner.

Payout Transactions are always performed for the full amount in all tipjars owned by the Tipjar Owner's Account. Suspicious transaction histories may force Like It Tipit Ltd to delay Payout Transactions until their validity can be ascertained.

Balances shown to Tipjar Owners are a snapshot view of the current monetary value of the Tipjar Owner's account according to the Foreign Exchange Currency Conversion rates as known to the Tipit.to system at the time the balance is generated. These can change at any time and any balance displayed by Tipit.to can not be construed as a legal requirement to pay out the displayed balance.

8. Payment Cancellation

The Tipit.to service operates with Payment Instruments that offer cancellation / reversal policies. If a payment is reversed, Like It Tipit Ltd may recuperate losses from involved Tipjar Owner's Accounts up to 6 months after a tip is originally confirmed to be available for a Payout Transaction.

9. Password and Email security

The Tipit.to service will consider a request for a Payout Transaction valid if the right user name and password is provided by the requesting agent. If the rightful account owner has lost their password, and/or the email address provided during sign-up to the service is compromised (allowing anybody with access to the email to request a replacement password), Like It Tipit Ltd and the Tipit.to service are not liable for any funds transferred due to Payout Transactions set up by others. Like It Tipit Ltd is not responsible for recuperating funds lost in such a manner. Upon receipt of a claim, Like It Tipit Ltd may at its discretion attempt to reverse payment in name of the wronged Tipjar Owner. Like It Tipit Ltd may charge a reasonable fee for this service if it decides to do so.

10. Termination of Service

Like It Tipit Ltd may, in our sole and absolute opinion, terminate your use of the Tipit.to service for any reason, including violation of the Terms of Service or other policies without liability to you or any other third party.

11. Privacy Policy

Any Payment Instrument information you provide us, including but not limited to full name, credit or debit card number, card expiration date, card verification number, address, and/or personal identification codes will be shared with our Payment Processor in order to complete transactions. Like It Tipit Ltd will attempt to use as Payment Processor only those services with a Privacy Policy with no record of selling private information. However, Like It Tipit Ltd is not liable for any Privacy issues regarding its chosen Payment Processor. Like It Tipit Ltd may store any of this information in order to process the transaction and/or expedite future transactions. However, Like It Tipit Ltd will not share this information with any other corporations except the Payment Processor unless forced to do so by law or tax authorities.

Like It Tipit Ltd may obtain information from other parties in order to protect you from fraud or other misconduct. For example, Like It Tipit Ltd may use credit card fraud screening services. Such parties may require your details in order to generate a report. Like it Tipit Ltd may supply provided personal information to such parties.

The Tipit.to service may provide any and all personal information to users of your account. If your account is compromised, Like It Tipit Ltd is not liable for any personal information released to those in control of your account.

Like It Tipit Ltd maintains a persistent cookie in order to expedite future tipping for use with Like It? Tipit! Widgets and tipit links, as well as to recognize you when you return to the Tipit.to service's website.

The Like It Tipit Ltd servers maintain log files in order to ensure good service. These logs may record information that your browser sends to us. In particular, these logs may contain your IP Address, browser version and language settings, and your local date and time, as well as cookies that can uniquely identify you. Like It Tipit Ltd only uses these logs internally.

The Tipit.to service offers public profiles both for Tipper's tipping behaviour as well as the tip history of your Tipjar. These will contain some information that you've provided to us. Most of these profiles can be obfuscated or eliminated by using the Tipit.to service's "anonymous" features.

12. Changes to these Terms of Service

Like It Tipit Ltd may change these Terms of Service from time to time. Any changes which do not restrict your rights may be made at any time without needing your consent. Each version of these Terms of Service will be identified prominently by its effective date at the top of the Agreement. Changes which might restrict your rights will be propagated by way of a notification when you log in to the site, or visit the site while you are logged in. All but minor changes will also request your explicit consent in the same fashion by asking you to confirm the change.

13. Questions and Disputes

If you have any questions or disputes about or arising from these Terms of Service, please feel free to contact us through the Tipit.to website.