Acceptance
of Terms
The services provided at www.taleee.com (the "Site")
and any subdomain or successor site, including mobile apps and
services, as well as software products such as Taleee' "Upload
Agent" (along with updates and upgrades, the "Software
Products") are provided by Taleee, a division of Reality Adz.
("Taleee"), and by using the Site you agree to these Terms
of Service ("Terms of Service"). When using a particular
service or software product offered on the Site you also may be
subject to any posted guidelines, rules, policies, or additional
terms of service. Taleee may update these Terms of Service from time
to time, and your continued use of the Site shall be deemed your
acceptance of any such updated Terms of Service. These Terms of
Service were last revised on April 25, 2011. These Terms of Service
comprise the entire agreement between you and Taleee and supersede
all prior agreements between the parties regarding the subject
matter hereof. All references herein to "we" or "us"
refer to Taleee.
Description
of Services
Taleee (taleee.com) is a service to read and post
reviews of products, places, businesses, services and content.
Taleee maintains a large listing of product and businesses, and
other content, and allows users to rate and write reviews associated
with this data. Users can provide positive or negative feedback on a
product or business as long as it reflects their first-hand
experience with the product or business. The site is free to the
community. Taleee also offers businesses the free opportunity to
customize their business listings and promote their business via
various services.
Conditions
of Use
You must be 18 years of age in order to register with
the Site and submit User Content (defined below). Providing false
Registration Information constitutes a material breach of these
Terms of Service.
No
Endorsement of Content or Businesses
You acknowledge that the
Site may link to other sites not controlled by us and that the
collection of your information by these third party sites is
governed by those third party websites' privacy policies. Taleee
does not control, and makes no representations or endorsements
regarding, the quality, accuracy, reliability, appropriateness, or
condition of any content posted on the Site including, without
limitation, ratings, reviews and the availability or quality of any
of the services offered by third parties. Taleee shall have no
obligation to review the Site's content or pre-screen any of the
service providers. Because of the possibility of human and
mechanical error as well as other factors, Taleee does not make any
representations or warranties, express or implied, as to the
accuracy or timeliness of its information, and cannot be responsible
or liable for any errors or omissions in its information or the
results obtained from the use of such information. Users are solely
responsible for determining whether the information provided is
suitable for their purposes, and reliance on the information is at
the users' sole risk. Users should obtain any additional information
necessary to make informed decisions. Taleee does not assume any
responsibility or liability for any advice, action, or services. If
you do not agree then do not use the Site or its services.
You
understand that by using the Site you may be exposed to content that
is inaccurate, misleading, or otherwise objectionable. The Site may
contain hyperlinks to third party web sites outside of the Site. We
have no control over and make no representations or endorsements
regarding the quality, accuracy, reliability or condition of any
third party site nor any content posted on those third party web
sites. You understand and agree that under no circumstances will
Taleee be liable for any loss or damage of any kind as a result of
your use of the Site or your reliance upon any content including
User Content (defined below) posted on or otherwise made available
through the Site or Software Products.
User
Content
A. Posting User Content on Taleee. By posting
a rating or review, or any content, the user thereby represents that
the content is based upon an actual experience with the merchant or
product being reviewed. Reviews and content do not reflect the views
of Taleee, its parent, subsidiary or affiliated companies, or its
employees, officers, directors, or shareholders. Taleee does not
assume responsibility or liability for any content, data, rating,
review or for any claims, damages, or losses resulting from any use
of the Site or the materials contained therein. You acknowledge that
Taleee has the absolute right to refuse to display or to remove
anything posted by you on or to the Site, including, without
limitation, reviews of businesses or products listed on the Site,
user lists, ratings and user profile information such as photos, any
other content submitted or posted by you (collectively "User
Content"), for whatever reason or for no reason at all. You
further agree that by posting or submitting User Content to Taleee,
you are warranting that you are the sole author, creator and owner
of that content, and that you are waiving any rights you may have in
that content, or to control its use or (re)distribution, including
any intellectual property rights, and that you further waive any
claim that Taleee is somehow acting in an unfair or discriminatory
manner by refusing to display (or by removing) such content. You
agree that you may not and will not post or submit any User Content
that contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity, professional malpractice or health code violations.
Ratings or reviews that do not address the goods and services of the product or business or that Taleee deems inappropriate as determined by Taleee in its sole discretion.
Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
Personal information or messages including email addresses, URLs, phone numbers and postal addresses (or both first and last name of an individual unless their name is also part of the business name) that are not already publicly available.
Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
Language, photos, video or other media that violates the standards of good taste or the standards of this website, as determined by Taleee in its sole discretion.
Content determined by Taleee to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures as determined by Taleee in its sole discretion.
Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
B.
Ownership of User Content.All User Content is owned solely by
Taleee, and by submitting any User Content you relinquish any right
or claim of right to such User Content. Taleee is under no
obligation to give credit or pay any consideration to you for any
User Content you post on the Site, or any use by Taleee of such User
Content.
C. Representations and Warranties.By using the
Site you represent and warrant that any User Content posted by you
does not contain material or links to material that infringes upon a
third party's intellectual property or proprietary rights including,
without limitation, copyright, patent, trademark, trade secrets, or
rights of publicity or privacy. You further represent and warrant
that you have all necessary rights to provide and have posted on the
Site the User Content, and to transfer such ownership of such User
Content to Taleee, and that Taleee has the right but not the
obligation to monitor and edit or remove any activity or User
Content. You further agree to accept full liability and
responsibility for all User Content submitted by you or on your
behalf for posting on the Site.
Acceptable
and Lawful Use of Software Products
Any Software Product that
is made available, either as a download or otherwise, from the Site
is the copyrighted work of Taleee and/or its affiliates or
suppliers. Use of the Software Products is governed by the terms of
the end user license agreement, if any, which accompanies or is
included with the Software Product ("License Agreement"),
or as expressly stated on the website pages accompanying the
software. An end user will be unable to install any Software
Products that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms. The
Software Products are made available solely for use by end users
according to the applicable License Agreement. Any use,
reproduction, redistribution of the Software Products not in
accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Absent
a License Agreement that accompanies a Software Product, use of the
software will be governed by this Terms of Use.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Relationship
No
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these
Terms of Service, and these Terms of Service are solely between you
and Taleee and is not intended to be for the benefit of any third
party. If there is a dispute between participants on this Site, or
between users and any third party, you understand and agree that
Taleee is under no obligation to become involved. In the event that
you have a dispute with one or more users or third parties, you
hereby release Taleee, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and/or services.
Offline
Conduct
Although Taleee cannot monitor the conduct of its
users off the Site, it is a violation of these Terms of Service to
use any information obtained from this Site in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any user without his/her prior explicit consent.
Security
We
utilize secure servers to protect your Registration Information.
Users shall not disclose Registration Information to third parties.
Users are responsible for all activities which occur under their
Registration Information. User agrees to immediately notify us in
writing of any unauthorized use of User's account.
Unauthorized
Use of Site
You may not use any device, software or routine
to interfere with the proper working of the Site. You may not
intercept or expropriate any system data or information, or copy,
reproduce, alter, modify, create derivative works, or publicly
display any content from the Site without the express written
permission of Taleee. You may not take any action that imposes an
unreasonable burden upon the infrastructure used to support the
efficient operation of the Site including but not limited to
unsolicited email (i.e.: "Spam"). You shall not use any
method including the use of robots, spiders, other automatic devices
or manual processes to monitor or copy our web pages or the content
contained on the Site without the prior expressed written permission
of Taleee.
System
Outages
We periodically schedule system downtime for
maintenance and other purposes. Unplanned system outages also may
occur. We shall have no liability whatsoever for the resulting
unavailability of the Site or for any loss of data or transactions
caused by planned or unplanned system outages or the resultant
delay, misdelivery, nondelivery of information caused by such system
outages, or any third party acts or any other outages of web host
providers or the Internet infrastructure and network external to the
Site.
Disclaimers
Taleee
provides this web site and the software products "as is"
and without any warranty or condition, express, implied or
statutory. Taleee specifically disclaims any implied warranties of
title, merchantability, and fitness for a particular purpose,
accuracy of informational content and non-infringement. You assume
total responsibility and risk for use of the Site, use of any
Software Products, and hyperlinked web sites. We make no warranty
that the Site will meet your requirements, or that Software Products
or services will be uninterrupted, timely, secure or error free, nor
do we make any warranty as to the results that may be obtained from
the use of the Site or Software Products or as to the accuracy or
reliability of any information obtained through the Site or that any
defects will be corrected. No advice or information, whether oral or
written, obtained by a user from Taleee shall create any warranty
not expressly made herein. This disclaimer is made to the fullest
extent permitted by law. In addition, Taleee disclaims any and all
liability for the acts, omissions, and conduct of any third party
users, Taleee users, advertisers, and/or sponsors on the Site, in
connection with the Site or otherwise related to your use of the
Site. Taleee is not responsible for the products, services, actions,
or failure to act of any third party in connection with or
referenced on the Site.
Limitations
of Liability
In no event whatsoever shall Taleee, its parent
company, shareholders, affiliates, suppliers or their respective
authorized representatives be liable for any indirect,
consequential, incidental, special, punitive or exemplary damages,
or for any loss of profits or revenue, including but not limited to
loss of sales, profit, revenue, goodwill, or downtime, (however
arising in tort, contract, or otherwise) regardless of such party's
negligence or whether such party knew or should have known of the
possibility of such damages, and in no event shall Taleee' assume
any liability. You understand and agree that the download and upload
of any material through this site is done at your discretion and
risk and that you will be solely responsible for any loss or damage
to your computer system or loss of data that may result in the
download or upload of any material. Taleee neither assumes, nor does
it authorize any person or entity to assume on its behalf, any other
liability in connection with the provision of the Site and Software
Products. The limitations of liability provided in these Terms of
Service inure to the benefit of Taleee, our parent company,
shareholders, affiliates and to all of our respective officers,
directors, employees, attorneys and agents and, in each case,
liability is limited to the fullest extent permitted by law.
Indemnification
You
agree to indemnify, defend and hold harmless Taleee, its parent
company, shareholders, subsidiaries, affiliates, officers,
directors, employees, agents and advisors from and against any and
all claims, demands, actions, costs, liabilities, losses and damages
of any kind (including attorneys' fees) resulting from your use of
the Site or Software Products provided hereunder by Taleee, any User
Content you provide, any violations by you of any applicable laws or
regulations, and any breaches by you of these Terms of Service.
Violations
of Terms and Liquidated Damages
Please report any violations
of these Terms of Service, by emailing to support@taleee.com. Our
failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar
breaches.
Notices
Notices
to users and Taleee shall be by email. Notices to Taleee shall be
sent to legal@taleee.com.
Taleee
has designated an agent to receive Notifications of Claimed
Copyright Infringement ("Notification") on its Site, who
can be reached as follows:
Copyright Agent
Taleee
email:legal@taleee.com
If you have a good faith belief that your copyright, trademark and/or other intellectual property, accessed on or through the Site has been used in a manner that constitutes copyright infringement, you must provide all of the following information to Taleee' copyright agent:
(a)
Your name mailing address, telephone number, and email address;
(b)
A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim
is infringing is located on the Site;
(d) 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;
(e) A statement by
you, made in good faith and under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf; and
(f) An electronic or physical signature of the
copyright owner or an electronic or physical signature of a person
authorized to act on behalf of the owner of the copyright interest.
Governing
Law and Choice of Forum
These Terms of Service shall be
governed by and construed in accordance with the laws of the State
of California, exclusive of its choice of law rules and matters
affecting copyrights, trademarks and patents under U.S. federal law.
In any action to enforce these Terms of Service, the prevailing
party will be entitled to costs and attorneys' fees. Any suit
relating to these Terms of Service, the Site or the Software
Products shall be brought exclusively in the federal or state courts
of Monterey County, California and both Parties consent to the
jurisdiction thereof.
Miscellaneous
In
the event that one or more portions of these Terms of Service shall,
for any reason, be held to be invalid, illegal or unenforceable in
any respect, such validity, illegality or unenforceability shall not
affect any other provision contained in these Terms of Service. The
headings used throughout these Terms of Service are solely for the
convenience of reference and are not to be used as an aid in the
interpretation of these Terms of Service. If you have any questions
about these Terms of Service, contact us at info@taleee.com.