Terms of Service

(For Advertising Business)

Terms of Service

 

Tykuno, (by NGM Media LLC) which provides an advertising service (hereinafter referred to as the “Service”) to you. Your use of Tykuno products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Tykuno under a separate written agreement) is subject to the terms of a legal agreement between you and Tykuno. This document explains how the agreement is comprised with some of the terms of this agreement. Unless otherwise agreed in writing, your agreement will always include, at a minimum, the terms and conditions set out here.

 

Accepting The Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by either clicking to accept or agree to the Terms, where this option is made available to you for service also known as opt-in or by actually using the Services, which you understand and agree that your use of the Services is acceptance of the Terms. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract, you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

 

 

Sharing Your Information

Tykuno will safeguard your information! Tykuno does not sell, lease or share your information with outside parties. Notifications or offers will be sent through Tykuno directly to you, (such as company updates, newsletters or special offers).

 

Business Website Pages

Ownership of Tykuno Business Web Pages

Tykuno owns and operates all Business Web Pages. Advertisers, (Tykuno Clients) are permitted to use their Tykuno Business Page(s) in their other forms of marketing and communications. Clients may use their page(s) in lieu of a website for web identity and presence purposes independent of Tykuno Ad Traffic. Client Business Web Pages are hosted and secured at Tykuno. If payment is not received, we are unable to charge your credit card for services, Business Pages may be hidden from public view until payment is received. Clients will be provided with 7 days notice before a Business Website Page is Hidden from Public view. Client accounts must be paid up to date before they are made active or reactivated.

 

Right to Refuse

Tykuno reserves the right to arbitrarily refuse or deny services to Business clients. Tykuno performs due diligence on all Business Applications for the purpose of protecting and providing a better quality experience to the public. Tykuno need not provide any specific reason for Business Application denials. If a business client feels that Tykuno’s decision to refuse services was a mistake, they may request a managerial review. The decision made by Tykuno management is final. When a business applies to have their business featured on Tykuno, they understand there are limited positions for each type of business category in each city and county area as well as in any circumstance where we feel that too many advertising clients would pose a conflict of interest.

Tykuno uses proprietary criteria to select which businesses may or may not be featured in the limited spots for featured businesses in each geographical area. Tykuno uses a multitude of different factors in the business approval process.  When you apply to be featured on Tykuno you understand there is a possibility you will not be accepted or approved for our services. If you are not accepted you / your business cannot seek any punitive or monetary damages against Tykuno / NGM Media LLC. You ACCEPT these terms when you submit an application to have your business featured on Tykuno and to receive Tykuno advertising services.

 

 

Wait List

Tykuno may place your business application on the wait list. Being wait listed is neither an acceptance or denial of your application to have your business featured on Tykuno. Typical reasons to be wait listed include: i) The positions for your industry and area are full and you are on deck or wait listed pending an open spots for your business, ii) Your business may be very new and we simply do not know enough about your company to feature your business at this time, but we might accept you at a later date pending good online reviews and no other issues.

 

 

Regulated Industries & Required Ad Disclosures

Tykuno makes every attempt to comply with all Federal, State and local rules and laws regarding advertising policies. If client works in a regulated industry that has its own rules and policies regarding advertisements, it is the client’s responsibility to inform Tykuno of any such regulations and provide Tykuno with the Disclosures that are to be included with your ads. Tykuno explains to clients the types of ads that are to be and being run for clients, but client remains responsible for informing Tykuno of rules that can affect our marketing. Tykuno will make all reasonable attempts to follow regulatory expectations provided by clients. Typically, clients will not see the advertisements used for their ad campaigns on the ad platforms. Clients will be provided with each and every Business Advertising Page URL. Clients may or may not know of the strategies, keywords, targeting or other used to generate new customers. Tykuno is under no obligation to share this information because much of it is highly strategic and proprietary intelligence and company secrets we do not share with clients to protect the integrity of our services.

 

 

Redeeming Offers Without Coupons

Tykuno does not allow printable coupons on Business Pages or in our process. Offers can feature a redemption code, but nothing that a customer would be required to print out or download. In-Person Customers need only show a Tykuno Business Advertising Web Page on their mobile device for offer redemption. Tykuno Special & Flash Offer Sales, Promotions & Discounts are provided at the time of sale.  Tykuno Businesses must honor all posted Tykuno Special & Flash Offers to customers, unless the offer has expired as posted on your Tykuno Business Page(s).

If customers or participating Tykuno businesses find themselves in disagreement over a Special or Flash Offer, the first course of action is to go to that Business Page and review the posted offers for clarification to all parties.

 

Business Registration Forms and Attestation

Information provided on Tykuno’s Business Application and Business Registration must be truthful and accurate. Tykuno performs a limited due diligence on the businesses seeking to be featured on this site and we rely on the veracity of the information provided by businesses to us. If found providing mis-information your account may be terminated at our discretion. If the information you have provided on our forms is so misleading and if damaging to the public we reserve the right to submit the matter to regulatory and law enforcement agencies accordingly.

On the Business registration page, during account opening and during your initial call with Tykuno; Attestation is required for questions regarding the licensing status, the registration status, insurance status, investigation status of your business and other. Businesses must truthfully respond to all attestation questions in writing or orally (over the phone), failure to do so may result in account termination.

 

Permission to Use Your Content and Media 

You grant Tykuno permission to use content (such as text, logo, pictures, quotes and other information or media posted on your website, Facebook or other online places to be used for the creation of your Tykuno Website Pages and for use in Boost Campaigns. Clients can provide content resources to use through our online process, by email to us and by our team going to your current online resources to retrieve the information. 

 

 

Permissible Uses of Customer Email Data

Business advertising clients of Tykuno are permitted to request a Tykuno users email address.

i) You must safeguard customer data (email address or other) and you may not sell or share it with third parties.

ii) You may collect the data and responsibly use for email transactions (like sending a receipt), for newsletter marketing and for offering other products and services or follow up reminders and requests.

iii) Do not spam customer data and limit the number of email communications to no more than once per day and refrain from sending third party ads such as affiliate marketing or other ads for products and services that are not directly from your business.

When sending email communications to customers attained through Tykuno you must:

a) Use accurate and not misleading “From” name and “Subject” line. (Never use the word “Tykuno” in your From name or Subject Line).

b) Use your business domain name.

c) Allow the customer to easily opt-out and unsubscribe from your list.

 

 

Terms, Cancellation & Refund Policy

Clients agree to the following terms of this service:  All payments for services for the upcoming month must be paid in full prior to the beginning of that month. If we are unable to successfully bill your credit card and have not received payment before the first of the upcoming month or before the start of your next billing cycle, your ad pages and boost campaigns will be paused pending receipt of payment. Clients will receive 7 days notice before their Ad Page is hidden from public view. Once an account is paid up to date, ad pages and boost campaigns can resume.

 

THERE ARE NO REFUNDS.  Under no circumstances will a refund be provided after the beginning of a new month. Once a new month has begun, there can be no refunds of any amount of your payment. Once an Advertising Page is ordered, it constitutes a contract to fulfill an order which incurs time and resources.

 

Tykuno Website Pages

All Monthly Web Pages will automatically renew each month until paused or canceled. You may cancel a website page renewal by providing written notice to: support@tykuno.com anytime before the beginning of the new month or billing period. Website Page renewals typically occur 5-7 days before the beginning on the next billing cycle. This is to ensure payment is provided in advance of the campaign starting a new month or billing cycle. Advertisers must have a positive account balance at all times with Tykuno or an account pause will be issued if your account drops to zero or a negative amount. Clients with annual agreements will be billed monthly and for the term of the agreement. Annual agreement plans will automatically renew at the end of the cycle. Clients for annual agreements will receive a minimum of 2 renewal email notifications starting approximately 30 days and then 15 days before the end of your current billing agreement period. Annual agreement clients have up to 7 days after their annual renewal to cancel the agreement and receive a refund for charges incurred after the initial period ended. There are no refunds for website pages.

 

Boost Campaigns

Boost Campaigns have a $100 campaign order minimum and a $10 per day minimum budget. Boost campaigns duration is a minimum of 2 days and a maximum of 31 days or a 1 month.  Boost Campaigns will not automatically renew unless requested by client in writing. There are no refunds for Boost Campaigns, once they start, they will run their course until complete.  Advertisers must have a positive account balance at all times with Tykuno or an account pause will be issued if your account drops to zero or a negative amount.

 

 

Proprietary Rights

You acknowledge and agree that Tykuno owns all legal right, title and interest in and to the Services, including any intellectual property rights in the Services. You further acknowledge that the Services may contain information, which is designated confidential by Tykuno and that you shall not disclose such information without Tykuno’s prior written consent. Unless you have agreed otherwise in writing with Tykuno, nothing in the Terms gives you a right to use any of Tykuno information, trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by Tykuno, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Tykuno business name and the services provided have definitions unique and were innovated or created originally here at Tykuno. All Definitions listed on the Tykuno Definitions Page, are protected by both Copyright  and Trademark Law. In addition the following names and titles of services are protected include but are not limited to: “Tykuno”, “Tykuno Advertising Pages”, “Tykuno Ad Pages”, “Tykuno Boost Campaigns”, “Tykuno Customer Traffic”, “Tykuno Amplified Traffic”, “Amplified Customer Traffic”, “Amplified Ad Traffic”, “Amplified Traffic”, “Special Offer Marketing”, “Flash Offers”, “Flash Offer Marketing” & “TruReviews”.

Unless you have agreed otherwise in writing with Tykuno, you agree that you are responsible for protecting and enforcing your own rights as to content that you submit, post, transmit or display on, or through, the Services, as well as your intellectual property rights; Tykuno has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices including but not limited to copyright and trademark notices, which may contained within the Services. You may not copy, modify, create a derivative work of, or otherwise attempt to extract any information, research or work product of any kind, unless this is expressly permitted in writing or required by law.

 

Modification of Service and Termination

Tykuno at its sole discretion, for any or no reason, at any time may decline use of their Service, and modify or discontinue temporarily or permanently their service. You agree that Tykuno without prior notice may immediately terminate or modify your access and that Tykuno will not be liable to you or any third party for any termination or modification of access to their Service.

The Terms will continue to apply until terminated by either you or Tykuno by either notifying us at any time: by contacting Tykuno by email or by modifying your subscription within your online account profile. Tykuno has made both options available to you. You may also send us an email, and we will manually unsubscribe your email address from all of our files and mailings.

Tykuno may at any time, terminate its legal agreement with you for any reason not limited to but including if you have breached any provision of the Terms, you act in a manner that indicates that you do not intend to, or are unable to comply with the provisions of the Terms, is required to do so by law, a subsidiary, affiliate, or partner with whom Tykuno offered the Services to you has terminated its relationship with Tykuno or you, Tykuno is no longer providing the Services to users in the country in which you are resident or from which you use the service or in Tykuno opinion service is no longer commercially viable. Nothing in this Section shall affect Tykuno’s rights regarding provisions of Services in the Terms above.  

 

Additional Policies

 

Payments

If your card fails to work, we will notify you to use another card or form of payment. If we do not receive your payment when we bill your card and another form of payment is not quickly provided, we may suspend your account until payment is complete. We will issue a notice that your Web Page will be hidden from the public 7 days before we do so. To reactivate your Web Page you your account will need to be paid up to date. Multiple non-payment offenses can result in an account termination. We do not provide refunds once a period or campaign has started.

 

No Guarantee

Tykuno makes no guarantee for results from the services provided. We cannot guarantee the amount traffic, leads or new customers and sales a business will receive in any period of time for any web pages or boost Campaigns provided by Tykuno. If a client, advertising business is dissatisfied with the results of a service or Campaign; they agree there is no remedy from Tykuno, they agree to never charge back a credit card charge by Tykuno, they agree that advertising is a risk and there are too many factors outside of Tykuno’s control to guarantee results for clients.

 

Use of Our Proprietary Software

Tykuno uses its own technologies and third party integrated technologies to benefit our clients. The purpose of our technologies are to provide data and new customer inquiries or leads generated within third party platforms directly to clients through our platform. Our platform may provide alerts of new customers to our clients based on their contact preference such as through email and text, sms alerts. We cannot guarantee the accuracy of all data provided by third party platforms to our software. We cannot guarantee every new customer inquiry will be successfully delivered and alerted to clients. Our software and technologies are continuously being upgraded and improved for the benefit of our clients.

 

 We Reserve the Right to Choose to Whom We Provide Our Services

Tykuno and NGM Media LLC, reserve the right to decline our services to clients. We fully reserve the right to choose with whom we provide our services to with no explanation needed. Common reasons for us to decline services include but are not limited to: clients business is in a controversial industry or topic, business promotes hate, violence or other unpleasantness, business operates in a restricted or banned industry on Microsoft, Facebook or Google advertising services, business is too new, business lacks structure and a growth projection, business lacks sufficient financial or intellectual capital.

 

Prohibited Content:

Gambling

Drugs, Tabaco & Medicines

Political

Targeting Under 18

Counterfeit Goods

Dangerous Products & Services

Dishonest & Discriminatory Behavior

Inappropriate Content

Illegal Products & Services

Payday Loans, MLM, Business Opportunity

Drug & Alcohol Addiction Treatment

 

Restricted Content:

Adult & Dating

Alcohol

Healthcare

Financial Services  Local Legal Disclosures Required

Trademarks & Copyrights

 

 

 

Prohibited Marketing of Your Tykuno Website Pages

SPAM (Unsolicited Email) – This is the most common cause for web Page Account Termination. You cannot SPAM or email people you do not have permission to email. You CANNOT buy lists, lease lists, borrow lists, build a list through scraping the internet or through other illegal means to build an email list. The only people to whom you may email your Web Page is to your existing customers or your subscriber list that you have cultivated legally as per the Can Spam act of 2003. ISP’s have a feedback loops and if you SPAM your Tykuno Web Page we are likely to receive a high level ISP notice. We will find out and your account will be terminated first offense for SPAM.

Google, Bing, Yahoo – Paid Advertising can only be performed by Tykuno. Your Web Pages are part of The Tykuno community this is why only our experienced team can do this for your Pages. Tykuno offers Customer Boost Campaigns which are Google PPC traffic campaigns to target visitors.

Fake Traffic / Bots – Fake Traffic as known as Bots are widely advertised online as affordable sources of customer traffic. Of course you will never be told this is fake traffic or Bots, (short for robotic traffic or computer generated clicks which are non-existent or fake). This type of Bot traffic is easy to avoid. Any services offering large volumes of clicks for a very low amount of money is fake. There is no short cut for affordable customer traffic, anything online that appears to good to be true is fake. Bot traffic will get your account flagged fast! Also, your Web Pages have 25,000 limit on visitors per month with overage charges. If you exceed your overage you will also have additional costs with Tykuno.

 

Restricted Marketing of Your Web Pages

Restricted Marketing is allowed, but you must be very careful about how and with what companies you are using to facilitate such marketing. Restricted Marketing channels are riskier and could lead to issues, so choose wisely if you are going to participate in the following:

Affiliate Marketing

Buying Traffic without Knowing The Source

Re-Direct Traffic Sources

 

Other Content

Tykuno Advertising reserves the right to restrict or prohibit other industries or content not featured here.

 

Proof of Capability

Tykuno reserves the right to requests Proof of Capability for traffic being sent to Tykuno Web Pages. If we see suspicious traffic you might receive an email requesting Proof of Capability. You will need to quickly respond to this email and provide us with your marketing sources for further evaluation. Failure to provide reasonable information or explanations may result in account termination.

 

Termination

We reserve the right to terminate a client’s account at any time for any reason. If a client account is terminated it will generally be done at the end of that current month and renewal billing will be disabled. In the event we find it necessary to immediately terminate clients account, any unused funds will not be returned and are subject to forfeiture to us. An immediate termination would typically involve a serious matter in which to protect our company and our clients we need to cease advertising pages and marketing immediately. If there is an issue with a client we expect them to notify us of any regulatory or legal issues surrounding their business. We will always look to help and advise our clients and never wish to terminate anyone unless absolutely necessary to protect the public and Tykuno.

 

Referred third Party Services

Tykuno may at times refer you to other third party services as recommendations to improve your business, visibility online, your website design, tracking and pixel integrations and other. In no event shall any reference to any third party or third party product or Third Party Service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.

 

Generic & Branded Marketing Ad Creatives

A portion of the service of providing marketing involves the use of ad creatives. Ad creatives can consist of: Ad text, Ad images, Ad videos and other. The major ad platforms that we operate within like Facebook and Google Ads have complex ad requirements. We construct ad creatives as a part of the execution of our services on these ad platforms. We have the ability to use ad creative materials that are provided by client to us and we can generate ad creatives through our use of our own generic resources. Generic ad resources refers to non-specific text and imagery that could be used for multiple clients as it is unbranded.

 

Tykuno Recommendations of Businesses

While Tykuno performs a limited due diligence on all business listings for the purpose of featuring good quality businesses that we recommend, does not mean that Tykuno has any responsibility for the actions of the businesses. Tykuno recommends businesses based on a limited review and research of that business. Tykuno is never responsible for the actions of a business listed on our website.

 

 

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NGM MEDIA LLC (TYKUNO) WHICH INCLUDES ALL PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUCCESSORS, ASSIGNS AND THEIR SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NGM MAKES NO WARRANTIES AS TO (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (b) THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS OR NEEDS (d) ANY CONTENT, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE AND (e) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY WEBSITE, RESEARCH OR INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NGM OR FROM THE SERVICES SHALL CREATE ANY WARRANTY. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT NGM’S WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE

CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS, WHICH ARE LAWFUL IN YOUR JURISDICTION, WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

 

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT NGM (TYKUNO) INCLUDING ALL PARTNERS, OFFICERS, DIRECTORS, TRUSTEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUCCESSORS, ASSIGNS AND THEIR SUPPLIERS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL COMPENSATORY OR PECUNIARY DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES, EXPENSES, COURT COSTS, LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS INCURRED BY YOU FOR ANY REASON OR THEORY OF LIABILITY, OR RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS, USE, OR INABILITY TO USE THE SERVICE, CLIENTS OR THIRD PARTY NEGLIGENCE, FRAUD, MISREPRESENTATION OR DAMAGE, EVEN IF NGM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. NGM SHALL NOT BY LIABLE FOR ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; ANY CHANGES WHICH NGM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR ANY FEATURES WITHIN THE SERVICES; THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR YOUR FAILURE TO PROVIDE NGM WITH ACCURATE ACCOUNT INFORMATION.THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.

 

 

Indemnification

YOU AGREE TO INDEMNIFY NGM MEDIA LLC & TYKUNO, INCLUDING ITS OFFICERS, DIRECTORS, TRUSTEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES AND COSTS, MADE BY YOU OR ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

 

 

Release

YOU HEREBY AGREE TO RELEASE, AND FOREVER DISCHARGE TYKUNO, NGM MEDIA, LLC AND ITS AFFILIATES, SUBSIDIARIES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

 

Unauthorized Use

ANY UNAUTHORIZED USE OF THE SERVICE IS PUNISHABLE BY LAW AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW.

 

 

Waiver

No failure on the part of NGM / Media LLC, Tykuno to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.

 

 

Enforceability

If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are personal to you and you may not transfer, delegate or assign these Terms and Conditions to anyone. The Terms, and your relationship with NGM under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and NGM agree to submit to the exclusive jurisdiction of the courts located within the county of Palm Beach, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that NGM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

 

Entire Terms of Service

These Terms and Conditions, the Privacy Policy and other terms, conditions and policies NGM & Tykuno may post on this Service constitute the entire Terms of Service between you and NGM in connection with the Service and supersede all prior agreements between the parties regarding the subject matter contained herein. These Terms, Conditions, Policies and the like of NGM shall be read to be mutually consistent wherever possible. In the event of any conflict, the latest Terms, Conditions and Policy will control.

 

 

 

 

 

 

 

Privacy Policy

This Privacy Policy describes information that we, NGM Media LLC & Tykuno may collect from you as part of the normal operation of our service and what may happen to the information we collect.

 

Your Privacy Is Important To Us:

Our Privacy Policy explains what information we obtain on the Site and how we use the information you disclose to us. We receive your information (data) through the following means:

i) When you contact us directly though our Contact form, ii) When you request a price quote or appointment with a business on Tykuno by using a business page web form and iii) When you visit our website.

 

Sharing Your Information:

NGM Media LLC & Tykuno will safeguard your information! NGM / Tykuno does not sell, lease or share your information with outside parties.

 

Security:

This website takes every precaution to protect users’ information. This site uses an SSL and Firewall and is supported by a major third party cloud hosting company which uses first class firewalls and user protection technologies. We cannot guarantee the security of your information against those who use advanced illegal means to breach and or hack our security defenses.

 

 

Notification of Changes to Privacy Policy:

We may update this Privacy Policy at any time by posting a new privacy policy on the Site. Please see our terms of service, use and conditions. If there are any meaningful changes to our Privacy Policy all registered clients will be emailed of the changes through an email update or email newsletter as the official form of notice.

 

 

Information You Provide

When you sign up for a Tykuno Account or other NGM Media LLC service, or offer that requires registration, we may ask you for personal information (such as your name, email address and an account password).

 

 

Cookies

When you visit Tykuno, we may send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, improving search results and ad selection, and tracking user trends, such as how people search. NGM may also use cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. We may set one or more cookies in your browser when you visit a website, including NGM sites that use our advertising cookies, and view or click on an ad supported by NGM’s advertising services.

 

 

Log information

When you access Tykuno services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet address, browser type, browser language, the date and time of your request with one or more cookies that may uniquely identify your browser.

 

Links

NGM may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.

 

 

Other Sites

This Privacy Policy applies to NGM Media LLC & Tykuno services only. We do not exercise control over other site’s or their respective links not owned by NGM from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, which you accept full responsibility for using.

NGM only processes personal information for the purposes described in this Privacy Policy and not limited to but including for the following purposes: Providing our services, including the display of customized content and advertising; Auditing, research and analysis in order to maintain, protect and improve our services; Ensuring the technical functioning of our network; Protecting the rights or property of NGM or our users; and Developing new services.

 

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