TalkRally’s Terms Of Service Agreement
TALKRALLY TERMS OF SERVICE AGREEMENT
Effective date January 01, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE SITE OR ANY ONLINE SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE ONLINE SERVICES.
TABLE OF CONTENTS
1. Acceptance of Terms of Service
Each time you access and/or use TalkRally’s sites or services, you agree to be bound by these Terms of Service and any additional terms that will apply prospectively to you. You agree to accept notice of posting the new terms via our site on which you accessed these terms. More
2. Permitted Uses
We only grant you a limited revocable license to use the site or service for your own non-commercial use subject to rules and limitations. More
3. Access to the Site and Availability of Online Services
Your use of our site and services is subject to various restrictions designed to protect the online services and our users. We may change or discontinue our online service in whole or in part. More
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
The sites and services may include a social network. You will provide true, accurate, and current data if you establish an account. Your activities on the online services (including interaction with other members, advertisers, video viewing, and audio accessed) may be shared with others. More
5. Digital Items, Subscriptions, and Credits
Any digital items and credits are provided subject to a limited revocable license to only you for certain virtual goods and gameplay and have no cash value. More
6. You Agree to Our Privacy Policy and Third-Party Ads
By accessing and using the online services, you consent to our Privacy Policy and our practices detailed in it, including targeted advertising and the use of tracking technologies. More
7. Wireless Features; Social Media Plug-Ins
Wireless carrier charges may apply to the use of our online services via wireless networks or devices and geo-location details. More
8. Your Conduct and Acceptable Use
Your use is subject to our rules regarding acceptable conduct and practices. More
9. Monitoring
TalkRally may, but has no obligation to, monitor your use of the online services. More
10. User Content; Grant of Limited License
You grant us a broad license to the content you post on our online services and bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on our online services. More
11. Merchants
TalkRally is not responsible for your business dealings with merchants found on the online services. More
12. Children’s Online Privacy Protection Act Notification
TalkRally online services are not designed or intended for use by children. More
13. Disclaimer of Warranties
We disclaim warranties and provide online services “As Is.” More
14. Exclusion of Damages
You agree that you are entitled to no damages for any claims related to your use of the online services, except as set out below. More
15. Limitation of Liability. Applicability of Disclaimers, Exclusions, and Limits
Our liability to you is limited. More
16. TalkRally Is Not Responsible For Third-Party Websites and Content
We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within our online services. More
17. Indemnification
You agree to indemnify us for material posted by you or through your account. More
18. Reservation of Rights
TalkRally reserves the right to modify or discontinue the site or online services.
19. Termination
We may terminate your account, password, or access at our sole discretion at any time and without prior notice. More
20. Infringement Policy
You may not post content you do not own or control or otherwise have the right to post, and we encourage you to report any infringing activity you identify on the online services. More
21. Links By You To the Online Services
You may link to our online services, subject to some basic rules. More
22. Responsible Use of Site
Please act responsibly when using the online services.
23. Investigations
TalkRally We reserve the right to investigate suspected violations of these Terms.
24. Local Regulations
If you choose to access the services from other locations you do so on your own initiative and at your own risk.
25. Export Control
There are restrictions on the online services for those countries subject to U.S. export controls. More
26. Binding Arbitration of All Disputes. No Class Relief
You agree to arbitrate and waive jury trial and class actions. More
27. Dispute Resolution for Non-US Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law
Non-US citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law. More
28. Member Disputes
You are solely responsible for your communications with members or visitors to the online services. More
29. Notice for California Users
Residents of California are entitled to specific consumer rights information. More
30. General
By accessing and using the online services, you agree to certain terms regards to (a) the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Service; (d) your limited time to file claims; (e) the manner in which you communicate with us. You also agree not to assign or delegate your rights and obligations under these Terms of Service. More
31. Terms Applicable for Apple iOS
There are some other things you should know if you are accessing or using online services through an Apple device. More
32. Product Specifications; Pricing; Typographical Errors
Terms may change and errors may occur. More
33. Seller; Risk of Loss
All items purchased from the online services are pursuant to a shipment contract, and the risk of loss and title for such items passes to you upon delivery to the carrier. More
34. Our Subscription Services; Automatic Renewal Conditions
The Service may offer certain services (including without limitation) for which we charge a fee that is billed in automatic regular increments (e.g. monthly or yearly), unless you cancel, in order for registered users to access the service (“Subscription Services”). More
1. Acceptance of Terms of Service
These Terms of Service apply when you interact digitally with the Internet sites operated by TalkRally and its affiliates and subsidiaries (“TalkRally” or “We”, “Our” or “Us”), (the “Site” or “Sites”), games, interactive TV, and any other services, products and any related software or mobile and/or tablet applications offered by TalkRally (collectively “online services” or “Services”). Note that in some instances, both these Terms of Service and separate additional terms or licenses, guidelines, rules, or terms of service will apply to your use of some online services offered and/or operated by TalkRally (in each such instance, and collectively, “Additional Terms”). These Additional Terms will be posted in connection with the applicable online services and will be in addition to these Terms of Service. Where any direct conflict exists between these Terms of Service or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however, provisions unique to these Terms of Service (e.g., arbitration) will remain in effect as outlined here.
TalkRally may modify these Terms of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the online services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Service via posting of updates on the Site.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have the legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of the use of these online services that all the details you provide be correct, current, and complete. If we at TalkRally believe the details are not correct, current, or complete, we have the right to refuse you access to the online services, or any of its resources, and to terminate or suspend your account.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT) AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOU’RE GOING FORWARD AND AGREE TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use the online services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of new, revised, or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised, or additional Terms of Service by discontinuing use of the Site and related online services.
2. Permitted Uses
You may use the online services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone, or other devices (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the online services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the online services or Content, or (iii) any advertisement on the online services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the online services or Content unless expressly permitted by TalkRally in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the online services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or online services with any third party content, materials or branding. You may also not use any software robots, spiders, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape, or aggregate Content or any portion of the online services. See Section 21 for terms applicable to the use of links to the online services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the online services or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the online services or Content, whether or not for profit.
To the extent that TalkRally makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. Access to the Site and Availability of Services
The Site and online services are intended for use by users who are over the age of 13 and reside in the United States, its territories, and possessions (“U.S.”) or those outside of the U.S. that consent to use the online services in accordance with U.S. laws, this Terms of Service and the Privacy Policy. By using or attempting to use the Site or online services, you certify that you meet any other eligibility and residency requirements of the Site.
TalkRally may change, suspend or discontinue any aspect of the Site or online services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Site and online services. The Site and online services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from TalkRally. TalkRally reserves the right to change the nature of this relationship at any time.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our online services or this Terms of Service.
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
If you establish an account with TalkRally, you agree to provide true, accurate, and current data in connection with that account. Any usernames and passwords used for this Site or services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify TalkRally of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Site and/or online services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the online services. If you don’t want your activities on such social networks to be shared, your only option is to deactivate the related social network account.
5. Digital Items, Subscriptions, and Credits
Purchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the online services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspend or terminate the rights we grant you to usage subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
We do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside or outside of the online services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
6. You Agree to Our Privacy Policy and Third-Party Ads
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the online services. click here to show this notice, which forms part of these terms of service.
Any personal details and data acquired by TalkRally from your participation on the online services will be used in accordance with our Privacy Policy and Tracking (Cookies) Technologies Policy, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt out of targeted advertising, please click on the “Ad Choices” icon on the Site, as described more fully in the Privacy Policy.
7. Wireless and Location-Based Features; Social Media Plug-ins
(a) Wireless Features. The online services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the online services’ features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
(b) Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via the online services for Wireless Features, then you agree to notify TalkRally of any changes to your wireless contact information (including phone number) and update your accounts on the online services to reflect the changes.
(c) Location-Based Features Privacy Policy. For online services on mobile devices (“Mobile Apps”) when you use one of our location-enabled services, we may collect and process information about your actual location. Some of the Mobile Apps or online services require your location information for the feature to work. If you have enabled GPS, geo-location, or other location-based features on a device, you acknowledge that your device location will be tracked and may be shared with others consistent with the Location-Based Features Privacy Policy.
In addition, where any TalkRally Mobile App collects precise information about the location of your devices, it will be used to provide requested location services, and, depending on the particular Mobile App it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage.
Please see our Privacy Policy to find out more about how to opt out of providing location information.
(d) Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, and Google Plus (amongst others) are integrated into our Site and other online services. Where our online services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature, and Google Plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our online services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be permitting us to have ongoing access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow, etc.).
If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our online services. As with other sites, you may be able to delete any existing cookies placed on your computer by the social network via your browser. See Section 1 of our Privacy Policy to find out more about how our Sites contain plug-ins to social media networks.
8. Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to the online services. You are responsible for the content of your communications (including User Content as defined in Section 10) via the online services.
No Interference. You may not interfere with any other user from using or enjoying the online services.
No Bullying. You may not use the online services to threaten, abuse, harass, or invade the privacy of any third party.
Content Posted by You Must be Yours. You may not upload, post, transmit, or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.
Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
Don’t Damage Our Site, Online Services, or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other online services, or obtain unauthorized access to the online services or Content or any data or other information of any third party.
No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the online services or use the online services, Content, or any information contained therein for any unlawful purpose. TalkRally, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the online services violates this provision.
No Collection of Personal Information From Other Users and No Commercial Use. You may not collect information about other users of the online services in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with TalkRally or with any other person or entity.
No Criminal or Unlawful Conduct. You may not use the online services, Content, or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
Follow These Terms of Service and Conduct Rules. You may not take any action on the online services that violate any applicable law or these Terms of Service.
We may require, at any time, proof that you are following these rules. We reserve the right to take or refrain from taking, any and all steps available to us, including suspending or terminating your access to the online services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
9. Monitoring
TalkRally may, but has no obligation to, monitor the use by you and other end users of the online services. During monitoring, any information relating to any user or their respective activities on the online services may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Furthermore, TalkRally reserves the right at all times to disclose any information posted on any portion of the online services as necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove, any information or materials, in whole or in part, that in TalkRally’s sole and absolute discretion are objectionable or in violation of these Terms of Service.
10. User Content; Grant of Limited License
Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting TalkRally (including without limitation, its licensees, affiliates, successors, and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to TalkRally the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that TalkRally, its licensees, affiliates, successors, and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to TalkRally under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that TalkRally, its licensees, affiliates, successors, and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments, and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate TalkRally or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that TalkRally, its licensees, successors, and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between TalkRally, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that TalkRally does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement and that you will not be paid for any User Content.
Use of Name and Likeness: By posting User Content on the online services, you consent to the recording, use, and reuse by TalkRally, its licensees, successors, and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by TalkRally, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with TalkRally, or related Sites or online services, in and in connection with any television programs and other productions, and in connection with advertising, promotion, and publicity.
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent that your User Content contains other materials or elements owned by TalkRally or any other affiliated company, such as characters or other elements protected by copyright, trademark, or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and TalkRally.
Idea Submissions Prohibited: TalkRally does not accept unsolicited submissions for, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to TalkRally through the online services, including posts on any Site or any third-party social network or website, or by e-mail, text message, or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to TalkRally the right and license to the submission as if it were User Content as specifically set forth above. In addition, TalkRally retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. TalkRally’s receipt of your unsolicited ideas and materials is not an admission by TalkRally of their novelty, priority, or originality, and it does not impair TalkRally’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Public Nature of Online Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of TalkRally. Notwithstanding anything else in these Terms of Service, TalkRally should not be seen as endorsing any User Content in any way. None of TalkRally or its officers, directors, employees, subsidiaries, and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content: User Content does not reflect the views of TalkRally. Notwithstanding anything else in these Terms of Service, TalkRally should not be seen as endorsing any User Content in any way. User Content posted through the online services is provided by users like you who are unaffiliated with TalkRally, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not TalkRally, are entirely responsible and liable for any claims, loss, or damages relating to all User Content that you upload, post, email, or otherwise transmit via the online services. None of TalkRally or its affiliates, or its or their officers, directors, and employees, subsidiaries, and/or affiliates are responsible for User Content, accuracy, or opinions expressed on the online services, nor shall they have any liability for any such User Content. TalkRally does not investigate, monitor or check for the accuracy or completeness of User Content. You understand that by using the Site or online services, you may be exposed to User Content that is offensive, indecent, or objectionable.
11. Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the online services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. TalkRally will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the online services.
12. Children’s Online Privacy Protection Act Notification
TalkRally is not designed or intended for use by children under the age of 13.
Pursuant to 47 U.S.C. Section 230(d) as amended, TalkRally hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
13. Disclaimer of Warranties
While TalkRally uses reasonable efforts to include up-to-date information on the Site and online services, TalkRally makes no warranties or representations as to its accuracy, timeliness, reliability, completeness, or otherwise.
TALKRALLY PROVIDES THE ONLINE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKRALLY, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “ TALKRALLY PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TALKRALLY DOES NOT WARRANT THAT THE ONLINE SERVICES, OR YOUR ACCESS TO OR USE OF THE ONLINE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TALKRALLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALKRALLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TALKRALLY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND TALKRALLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.
NONE OF THE TALKRALLY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF TALKRALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE TALKRALLY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, TALKRALLY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE TALKRALLY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO TALKRALLY IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, TALKRALLY PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
For your convenience, the online services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY TALKRALLY. ACCORDINGLY, TALKRALLY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY TALKRALLY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
17. Indemnification
You agree to defend, indemnify and hold harmless TalkRally, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto TalkRally’s servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.
18. Reservation of Rights
TalkRally reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
19. Termination
TalkRally may, in its sole discretion, terminate your password, account (or any part thereof), or use of the online services, or remove and discard any User Content or information stored, sent, or received via the online services without prior notice and for any reason or no reason, including, but not limited to (i) permitting another person or entity to use your identification to access the Site or online services, (ii) any unauthorized access or use of the online services, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through the online services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the online services shall not affect any right or relief to which TalkRally may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to TalkRally and its licensors and all rights granted by you to TalkRally shall survive in perpetuity.
20. Infringement Policy
TalkRally respects the intellectual property of others, and we ask our users to do the same. This Site and materials incorporated by TalkRally on this Site (“Material”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by TalkRally on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by TalkRally or others (“Trademarks”).
TalkRally, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. TalkRally accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
By mail:
By e-mail: admin@talkrally.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, or other proprietary right must include the following information:
Your name, address, telephone number, and e-mail address;
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe the patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TalkRally to locate the material;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
21. Links By You To the Online Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the online services, so long as (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with or endorsement by TalkRally or cause any other confusion regarding your relationship to TalkRally or its affiliates or to the online services, (c) the link must open in a new browser window and link to the full version of applicable online services web page; and (d) the links and the content on your website do not portray TalkRally or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to TalkRally. TalkRally reserves the right to suspend or prohibit linking to the online services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
22. Responsible Use of Site
Please act responsibly when using this Site and online services. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the online services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site or online services are the sole responsibility of the sender, not TalkRally, and that you are responsible for all material you upload, publicly post, or otherwise transmit to or through this Site or online services.
23. Investigations
TalkRally reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any forum. TalkRally may seek to gather information from the user who is suspected of violating these Terms, and from any other user. TalkRally may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If TalkRally believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. TalkRally will fully cooperate with any law enforcement authorities or court order requesting or directing TalkRally to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF TALKRALLY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF TALKRALLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF TALKRALLY OR LAW ENFORCEMENT AUTHORITIES.
24. Local Regulations
TalkRally makes no representation that content on the Site or online services is appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the online services from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
25. Export Control
Unless otherwise specified, the materials on the online services are presented solely to provide information regarding and to promote TalkRally’s services and other products available in the U.S. The online services are controlled and operated by TalkRally. TalkRally makes no representation that materials on the online services are appropriate or available for use outside the U.S. Those who choose to access the online services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the online services is further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the online service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
26. Binding Arbitration of All Disputes. No Class Relief
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NBCUniversal agree that we intend that this Section 26 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 26 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site or other online services, (ii) any purchases or other transactions or relationships with TalkRally, or (iii) any data or information you may provide to TalkRally or that TalkRally may gather in connection with such use, interaction or transaction (collectively, “TalkRally Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other online services, or engaging in any other TalkRally Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against TalkRally, and any claim that TalkRally may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any TalkRally Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, TalkRally agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, Section 26 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and TalkRally (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and/or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and TalkRally; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Louisiana consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Louisiana or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or TalkRally’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, TalkRally will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than TalkRally’s last written settlement offer, the Arbitrator shall also have the right to include in the Award TalkRally’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but TalkRally shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor TalkRally shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. TalkRally may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after TalkRally has given notice of such modifications and only on a prospective basis for claims arising from TalkRally Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against TalkRally in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
27. Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 27 applies to non-US Residents, where applicable law prohibits arbitration of disputes in accordance with Section 26.
(a) Section 27 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the online services, the Content, these Terms of Service, whether heretofore or hereafter arising or to any of TalkRally’s actual or alleged intellectual property rights (collectively, a “Section 27 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 27 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 27(a). Your notice to us must be sent to:
By mail:
By e-mail: admin@talkrally.com
For a period of sixty (60) days from the date of receipt of notice from the other party, TalkRally and you will engage in a dialogue in order to attempt to resolve the Section 27 Dispute, though nothing will require either you or TalkRally to resolve the Section 27 Dispute on terms with respect to which you and TalkRally, in each of our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in Louisiana shall have non-exclusive jurisdiction of any Section 27 Dispute.
(c) Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Service and any Section 27 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Louisiana without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.
(d) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 27 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 27(a) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 27 DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
(e) Injunctive Relief. The foregoing provisions of this Section 27 will not apply to any legal action taken by TalkRally to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the online services, any Content, your User Content and/or TalkRally’s intellectual property rights (including such TalkRally may claim that may be in dispute), TalkRally’s operations, and/or TalkRally’s products or services.
28. Member Disputes
You are solely responsible for any interaction with other members or visitors to the online services, and TalkRally reserves the right but shall have no obligation, to monitor disputes between you and any other member of TalkRally.
29. Notice for California Users
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011
Our website address is https://talkrally.com.
30. General
(a) Applicable law. These Terms of Service, any Additional Terms, and the relationship between you and TalkRally shall be governed by the laws of the U.S. and the State of Louisiana without regard to its conflicts of law provisions.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to, or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in Louisiana, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver. No failure or delay by TalkRally in exercising any right, power, or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(e) Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to, or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other TalkRally Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These Terms of Service represent the entire understanding of the parties regarding its subject matter, supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged.
(h) Assignment. These Terms of Service are binding upon and shall ensure the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder without TalkRally’s prior written consent.
(i) Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the online service and you will be responsible for all charges related to them.
31. Terms Applicable For Apple iOS
If you are accessing or using the online services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference:
(a) To the extent that you are accessing the online services through an Apple device, you acknowledge that these Terms of Service are entered into between you and TalkRally and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below.
(b) The license granted to you in Section 2 of these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the online services.
(c) You acknowledge that TalkRally, and not Apple, is responsible for providing the online services and Content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the online services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services.
(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that solely as between Apple and TalkRally, TalkRally and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and/or use thereof, including, but not limited, too (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Service in Sections 13, 14, and 15, TalkRally’s liability to you for the use of the online services is greatly limited.
(g) Further, you agree that if the online services, or your possession and use of the online services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
(i) When using the online services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the online services.
32. Product Specifications; Pricing; Typographical Errors
We do our best to describe every product or service offered on this online service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, TalkRally shall have the right to refuse or cancel any orders at its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from TalkRally is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
33. Seller; Risk of Loss
TalkRally is the seller of certain goods and services on the online services. All items purchased from the online services are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon delivery to the carrier.
34. Our Subscription Services; Automatic Renewal Conditions
The Service may offer certain services (including without limitation, Premium Service) for which we charge a fee that is billed in automatic regular increments (e.g. monthly or yearly), unless you cancel, in order for registered users to access the service (“Subscription Services”).
Free Trials
From time to time, we may offer our Subscription Services (including without limitation, Premium Service) through a free trial. Free Trials are only available for a limited time period to first-time subscribers of the Subscription Service and cannot be combined with any other offer. Only one (1) free trial may be redeemed per person. You must have Internet access, a valid email address, and a valid credit card or debit card (“Payment Method”) to redeem a free trial offer. Upon registering for your free trial, your access to the Subscription Service will begin and your Payment Method will be authorized for the length of subscription indicated during the registration process. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method if you cancel prior to the end of your free trial period.
At the end of any Free Trial period, we will begin billing your Payment Method for the indicated subscription fees corresponding to your subscription plus any applicable tax unless you cancel prior to the end of your free trial. You may receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES OR DEBITS TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a regular basis for your subscription plan until you cancel. You may cancel your subscription at any time. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly, or year or yearly refers to your billing cycle (See “Billing” below).
Subscription fees are subject to change. In the event of a change in any subscription fee, you will be sent an email prior to the effective date of the fee change.
Credit Card Billing
By subscribing to a Subscription Service, you are expressly agreeing that we are permitted to bill you a periodic (e.g., monthly or yearly) subscription fee, any applicable tax, and any other charges you may incur in connection with your use of the Subscription Service. As used in these Terms of Service, “billing” shall indicate a charge or debit against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE. The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each period on the calendar day corresponding to the day after your free trial has ended. In the event a monthly membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. If you received a free trial, your Payment Method will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment Method if you cancel prior to the end of your free trial period. All fees, taxes, charges, and debits are nonrefundable, except as stated herein. There will be no refunds or credits for partially used periods unless required by applicable law or stated herein. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card or debit card validity or expiration date, you may edit your Payment Method information. If your Payment Method reaches its expiration date and/or we are having difficulties billing your Payment Method, you will receive a seven (7) day grace period during which time your Payment Method must be updated, however, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If a charge to your credit card or a debit to your debit card is denied for any reason, we shall have the right to terminate or suspend your subscription and your access to the Subscription Service.
Automatic Renewals
Your subscription to a Subscription Service will be automatically renewed on a periodic (e.g., monthly or yearly) basis. We will bill the applicable subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your subscription will automatically renew for successive periodic subscriptions unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each period in order to avoid billing of the next period’s subscription fees to your Payment Method.
Cancellation
You may cancel your subscription to a Subscription Service at any time, and cancellation will be effective at the end of the applicable period during which you notify TalkRally of your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR AS STATED HEREIN.
To cancel, email Customer Care at admin@talkrally.com.
We reserve the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such an event, We will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.
Subscription Services Purchased On or After January 1, 2019
We will not provide refunds or credits for any partial-period subscription periods or unused services.
What personal data do we collect and why do we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who do we share your data with?
How long we retain your data?
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights do you have over your data?
If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where do we send your data?
Visitor comments may be checked through an automated spam detection service.