Please carefully read the following Terms of Use before using Talky Tails found at https://www.talkytails.com/ (the “Website”). By accessing this Website, you agree to be bound by the Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.
We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on our Website. Each time you use the Website, the current version of the Terms of Use will apply. Accordingly, when you use the Website, you should check the date of these Terms of Use (which appears at the top) and review any changes since the last version. This statement only applies to this Website.
Intellectual Property
The data and materials on the Website, except User Submissions (as defined below), including without limitation text, graphics, logos, photos, music, videos, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Website (collectively, the “Content”) are the intellectual property of talkytails.com, LLC (“Talky Tails”, “we”, or “us”), our licensors and our suppliers. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our suppliers, as the case may be.
You may only use the Content retrieved from this Website for your own personal, non-commercial, educational, private or domestic purposes. You agree to not engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein, including any use, copying, or distribution of the User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Website and the Content.
Registration, Accounts and Passwords
If you register on the Website as a “member”, you agree to be responsible for: (i) maintaining the confidentiality of your passwords or other account identifiers and (ii) all activities that occur under such password or account identifiers. You agree to notify us of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
User Submissions
A. The Website may permit the submission of communications, including the submission of reviews on business listings, comments on blogs, videos, and photos by registered members (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions to the Website.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. You retain all of your ownership rights in your User Submissions, however, by submitting the User Submissions to the Website, you hereby: (i) grant Talky Tails a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and insert, serve or display advertisements in or in close proximity to the User Submissions in connection with the Website and Talky Tails’s (and our successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media format or medium and through any media channels (now known or hereafter developed) and (ii) grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. For the avoidance of doubt, you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the parties.
C. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Talky Tails all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Talky Tails or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity, whether actual or fictitious. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and we will remove all Content and User Submissions if it is discovered that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right, in our sole discretion, to remove Content and User Submissions without prior notice. We will also terminate a user’s access to our Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
D. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
Links to Other Websites
This Website may contain links to websites other than our own. Talky Tails does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Talky Tails does not control the content of those sites and takes no responsibility for their content, nor should it be implied that Talky Tails endorses or otherwise recommends such sites or the products or services offered.
Privacy Policy
We are committed to protecting the privacy of users of the Website. For information on how information is collected, used or disclosed by us in connection with your use of this Website, please consult our Privacy Policy.
Disclaimer
CONTENT on the Website, including without limitation, text, graphics links AND USER SUBMISSIONS, are provided on an “as is” basis with no warranty.
TALKY TAILS AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE (“released parties”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE released parties DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE released parties.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE released parties’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT WILL THE released parties BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS WEBSITE, YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE; (ii) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.
Talky Tails RESERVES THE RIGHT TO ALTER, REMOVE or DISCONTINUE any portion of the Website or the CONTENT on the Website or to SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF the released parties HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, the released parties’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT the released parties SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
You agree to indemnify, defend and hold harmless Talky Tails, our officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the Website; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission(s) caused damage to a third party.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.