Your Acceptance of Our Terms
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available
through the Taltopia.com domain name, the "Taltopia Website", or "Website"), YOU
SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service")
AND THE TERMS AND CONDITIONS OF TALTOPIA'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.taltopia.com/privacy, AND WHICH
ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, then please do not use the Taltopia Website.
These Terms of Service apply to all users of the Taltopia Website, including users
who are also contributors of video content, information, and other materials or
services on the Website. The Taltopia Website may contain links to third party websites
that are not owned or controlled by Taltopia. Taltopia has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, Taltopia will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly relieve Taltopia
from any and all liability arising from your use of any third-party website. Accordingly,
we encourage you to be aware when you leave the Taltopia Website and to read the
Taltopia.com does NOT provide any of the following services, for free or otherwise: manage or
direct the development of an artist’s career, provide career counseling, vocational guidance,
aptitude testing, career evaluation, lessons, coaching, seminars, workshops or similar training
as an artist. Notwithstanding the foregoing, any and all artist tips or advice on this website,
including without limitation posts or articles with respect thereto, are FREE for all members
and visitors. Taltopia.com provides FOR FREE and does NOT charge for providing (1) a list of
auditions and employment opportunities and the ability to apply to such auditions and employment
opportunities, (2) a list of talent agents, talent managers, including an associate,
representative or designees thereof and the ability to send messages directly to industry
professionals, (3) a search, or the ability to perform a self-directed search, of any database
for an audition or employment opportunity, or a database of talent agents or talent managers,
or an associate, representative, or designee thereof, (4) storage or maintenance for distribution
or disclosure to a person represented as offering an audition or employment opportunity, or to a
talent agent, talent manager, or an associate, representative, or designee of a talent agent or
talent manager, of an artist’s name, photograph, Internet Web site, filmstrip, videotape,
audition tape, demonstration reel, resume portfolio, or other reproduction or promotional material
of the artist or an artist’s schedule of availability for an audition or employment opportunity,
and (5) procuring or attempting to procure an employment opportunity, an engagement, or an audition
as an artist, a talent agent or talent manager, including an associate, representative or designee
of a talent agent or talent manager. Taltopia.com’s services described above are provided as a
FREE service and Taltopia.com is not a talent counseling service, a talent listing service, a talent
training service or an advance-fee talent representation service, as such terms are defined in
Chapter 4.5 of the California Labor Code.
A. Taltopia hereby grants you permission to use the Website as set forth in this
Terms of Service, provided that: (i) your use of the Website as permitted is solely
for your personal, noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without Taltopia's prior written authorization; (iii)
you will not alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. You must notify Taltopia immediately of any breach of security or unauthorized
use of your account. Although Taltopia will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of Taltopia
or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the Taltopia servers in a given period of time
than a human can reasonably produce in the same period by using a convention on-line
web browser. Notwithstanding the foregoing, Taltopia grants the operators of public
search engines permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Taltopia reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for commercial purposes,
any users of the Website with respect to their User Submissions.
Intellectual Property Rights
The content on the Taltopia Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
Taltopia, subject to copyright and other intellectual property rights under United
States and foreign laws and international conventions. Content on the Website is
provided to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior
written consent of the respective owners. Taltopia reserves all rights not expressly
granted in and to the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you download or print
a copy of the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Taltopia Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of the Taltopia Website or the Content therein.
A. The Taltopia Website may now or in the future permit the submission of videos
or other communications submitted by you and other users ("User Submissions") and
the hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Taltopia does not guarantee
any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Taltopia to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting the
User Submissions to Taltopia, you hereby grant Taltopia a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions in connection
with the Taltopia Website and Taltopia's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the Taltopia
Website (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Taltopia Website a non-exclusive
license to access your User Submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove or delete a User
Submission from the Taltopia Website.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their rightful owner
to post the material and to grant Taltopia all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Taltopia or any
third party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements
or solicitations of business; (v) impersonate another person; (vi) harm minors in any way,
including, but not limited to, uploading, posting, or otherwise transmitting content that
violates child pornography laws, child sexual exploitation laws or laws prohibiting the
depiction of minors engaged in sexual conduct, or submitting any personally identifiable
information about any child under the age of 13. Taltopia
does not endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Taltopia expressly disclaims any and all liability in connection with
User Submissions. Taltopia does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and Taltopia will remove all Content
and User Submissions if properly notified that such Content or User Submission infringes
on another's intellectual property rights. Taltopia reserves the right to remove
Content and User Submissions without prior notice. Taltopia will also terminate
a User's access to its Website, if they are determined to be a repeat infringer.
A repeat infringer is a User who has been notified of infringing activity more than
once and/or has had a User Submission removed from the Website more than once. Taltopia
also reserves the right to decide whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other than copyright infringement
and violations of intellectual property law, such as, but not limited to, pornography,
obscene or defamatory material, or excessive length. Taltopia may remove such User
Submissions and/or terminate a User's access for uploading such material in violation
of these Terms of Service at any time, without prior notice and at its sole discretion.
Taltopia ar its sole discretion may also limit access to the Site and/or terminate
the memberships of any Users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
D. In particular, if you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights, you may submit
a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing
our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)
for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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 owner, its agent, or the
(vi) A statement that the information in the notification 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.
Please forward any copy infringement notifications to our legal department through
the contact us section of the website. You acknowledge that if you fail to comply
with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Taltopia Website, you will be exposed to User
Submissions from a variety of sources, and that Taltopia is not responsible for
the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Taltopia with respect thereto, and agree to indemnify
and hold Taltopia, its Owners/Operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your use of
F. Taltopia permits you to link to materials on the Website for personal, non-commercial
purposes only. In addition, Taltopia provides an "Embeddable Player" feature, which
you may incorporate into your own personal, non-commercial websites for use in accessing
the materials on the Website, provided that you include a prominent link back to
the Taltopia website on the pages containing the Embeddable Player. Taltopia reserves
the right to discontinue any aspect of the Taltopia Website at any time.
By Purchasing, acquiring or using Famebucks you are accepting this contract you
and Taltopia LLC, Los Angeles, CA. Sometimes Taltopia is referred to as "we," "us"
or "our". This contract applies to any Taltopia Famebucks, sites, services or points,
including updates, which you use while this contract is in force.
Please note that we do not provide warranties for the service. The contract also
limits our liability. These terms are in sections titles We Make No Warranty and
Limited Liability and we ask you to read them carefully.
When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process,
How You May Use the Service.
In using the service, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- keep your account password secret; and
- promptly notify us if you learn of a security breach related to the service.
How You May Not Use the Service.
In using the service, you may not:
- use the service in a way that violates the law or harms us or our affiliates, content
providers, resellers, distributors, and/or vendors (collectively, the "Taltopia
parties"), or any customer of a Taltopia party;
- use any portion of the service or any device compatible with the service to illegally
copy or distribute content that you do not have rights to copy or distribute;
- use any automated process or service to access and/or use the service (such as a
BOT, a spider, periodic caching of information stored by Taltopia, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute,
- damage, disable, overburden, or impair the service (or the network(s) connected
to the service) or interfere with anyone's use and enjoyment of the service;
- resell or redistribute the service, or any part of the service;
- distribute, post, publish, upload, disseminate or discuss defamatory, infringing,
obscene, sexual or other unlawful materials;
- post links to websites or materials that could harm other users' computers or would
allow others to inappropriately access software or Web sites or would violate our
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent;
- publish, distribute or disseminate any topic, name, material, file or information
that incites discrimination, hate or violence towards one person or a group because
of their race, religion, nationality, transgender status, homosexual status or HIV/AIDS
status, or that insults the victims of crimes against humanity by contesting the
existence of those crimes; or
If You Pay Taltopia
Charges. This section applies in all situations in which you directly
pay us. If you pay a company other than us for Famebucks, then that company is responsible
for providing you with the applicable charges and billing term. Even if you do not
pay for Famebucks, you may still incur charges incidental to using the service;
for example, charges for Internet access.
Payment. When you choose to use obtain Famebucks, you enter your
payment method. You must be authorized to use the payment method. You authorize
us to charge you for Famebucks using your payment method and for any paid feature
of the website for which you choose to sign-up or use while this contract is in
force. You will pay service charges in advance. We may charge you a
different amount than what you approved. If it is a greater amount, we will tell
you the amount and the date of the charge at least 10 days before we make the charge.
Also, we may charge you up to the amount you have approved, and notify you in advance
of the difference.
Prices and Price Increases. The price for Famebucks excludes all
taxes and phone charges, unless stated otherwise. These taxes and charges are your
responsibility. Currency exchange settlements are based on your agreement with your
payment method provider. We may change the price of Famebucks from time to time,
but we will tell you before we do.
Refund Policies. Unless otherwise provided by law, all charges
are non-refundable unless stated otherwise and the costs of any returns will be
at your expense.
Online Errors.You release us from all liability and claims of loss resulting
from any error that you do not report to us within 120 days after the error first
appears. If you do not tell us within this time, we will not be required
to correct the error.
Deleting your Account. You may delete your account at any time,
with or without cause. Cancellation of your account by you will not alter your obligation
to pay all charges made to your famebucks account.
Late Payments. Except to the extent prohibited by law, we may assess
a late charge if you do not pay on time. We may use a third party to collect past
due amounts. You must pay for all reasonable costs we incur to collect any past
due amounts. These costs may include reasonable attorneys' fees and other legal
fees and costs. We may suspend or cancel your account if you fail to pay in full
Payments to You. Your right to any payment due you under a service
is conditioned upon you promptly providing us with all information we require to
properly make the payment (for example, bank account information for receiving the
payment). We will use reasonable efforts to tell you what information we require
in advance of your use of the applicable service. Even if we do not tell you in
advance, you must provide us the information we request before your right to receive
the payment accrues. You are responsible for the accuracy of the information you
provide and any taxes you may incur as a result of receiving a payment. You must
also comply with any other conditions we place on your right to any payment.
If you receive a payment that was not due to you, we may reverse or seek return
of the payment and you agree to cooperate with us in our efforts.
Use Of Famebucks
You can participate in the Famebucks service. Famebucks is a service under which
you can acquire Points and redeem those Points for certain online services and products.
You can see how many Points you have by checking your Famebucks balance in your
account. You can obtain selected online services or products that we elect to offer
in exchange for Famebucks. You can do this by redeeming your Points as indicated
in the particular messaging or advertisements you see for those offers.
You can acquire Famebucks in a variety of ways. For example, you can purchase Famebucks,
or acquire Famebucks by the use of certain disclosed features on Taltopia.com. Certain
services may give you Famebucks for using the service or specific features of the
service. You can earn promotional Famebucks only for actions you actually complete.
You are responsible for any tax consequences that may result from your participation
obtaining these Famebucks.
When you obtain Famebucks, you have obtained a limited license to a digital
product. Famebucks have no monetary value. You may not obtain any cash or money
in exchange for Famebucks, regardless of how you acquired those points. Famebucks
are not your personal property. Your only recourse for using Famebucks is to obtain
the specific online services or products that we offer for Famebucks redemption.
We may further restrict your Famebucks redemption offers based on your country of
residence. We encourage you to redeem your Famebucks. The existence of a particular
offer available for Famebucks redemption is not a commitment by us to maintain or
continue to make the offers in the future. The scope, variety and type of online
services and products that you may obtain by redeeming Famebucks can change at any
time. We have no obligation to continue making offers available for Famebucks redemption.
Promotion Famebucks Points may expire at any time, as set forth in the messages
related to that promotion. We may cancel, suspend or otherwise limit your access
to your Famebucks balance if we suspect fraudulent, abusive or unlawful activity
on your Famebucks balance. Once we delete points from a balance, we will not reinstate
them, except at our discretion. When we cancel, suspend or otherwise limit access
to your Famebucks balance, your right to use your Famebucks balance immediately
ceases. We will use reasonable efforts to investigate Famebucks balances that are
subject to access limitations and to reach a final decision on the limitations promptly.
In addition, we may limit your use of Famebucks, including applying limits to: the
number of Famebucks you may have credited to your points balance at one time, the
number of Famebucks you may redeem within a given time period (for example, one
day), and the number of promotional Famebucks you may obtain in a single event or
If we post Famebucks to your balance for an activity that is subsequently voided,
canceled or involves a returned item, then we will remove those points from your
balance. You must ensure that we properly post your Famebucks to your points balance.
If you believe that you have validly acquired Famebucks that we have not posted
to your points balance, we will not consider posting these Points unless you contact
us within 30 days after the date you claimed to have acquired those Famebucks. We
may require reasonable documentation to support your claim.
In order to become a "Premium Member" on Taltopia.com, the member must pay a monthly
fee. This fee grants a user access to exclusive features available on Taltopia.com.
Until your subscription to the service is terminated, you will continue to accrue
charges for which you remain responsible, even if you do not use the service. By
becoming a Premium Member, you accept that Taltopia.com may change its fees or services
at any time.
Under no circumstances shall Taltopia LLC be held responsible for overdraft charges
incurred from your financial institution as a result of any purchases or renewals
through or in connection with our website. It is the sole responsibility of you
as a customer to ensure "overdraft fees," "overage fees," or "overlimit" or any
other fees from your financial institution do not occur by taking the necessary
action to avoid them. Furthermore, Taltopia LLC is not liable for any fees incurred
due to billing errors.
Discounted term packages (6 and 12 months) will be automatically renewed for the
whole term and are non refundable.
b. Trial Period
If you selected a membership type that includes a Trial Period, your free 7 day
Taltopia.com Premium membership trial will begin when you submit your
credit card information and click continue during the registration process. Simply cancel
anytime in your first 7 days, and you will not be charged. To cancel, click on
"My Home"-->"Preferences"-->"Premium Member Preferences"-->"Cancel Premium Membership".
If you are enjoying Taltopia's Premium Membership, do nothing and your membership will
automatically continue at the monthly subscription rate of $14.95. The FREE Trial offer
cannot be combined with any other offer. Valid payment method required. See Terms below
for complete membership details. You will not receive a notice from us that your free
trial membership has ended or that your pay membership has begun. YOU MUST CANCEL PRIOR
TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. We will continue
to bill your Payment Method on a monthly basis for your membership plan until you cancel.
You may cancel your membership at anytime. Your membership will continue in effect unless
and until you cancel your membership or we terminate it. You must cancel your membership
before it renews each month in order to avoid billing of the next month's membership fees.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS.
c. Cancellation of Premium Membership
A user may cancel their recurring billing products or subscriptions at any time.
A cancellation means that we halt further billing and your subscription runs out
automatically. Taltopia.com is not required to refund "un-used" portions of premium
membership fees. You hereby agree that subscription privileges are non-refundable
in the event you choose to suspend or cancel your membership. By discontinuing the
service you lose access to the premium features of Taltopia.com once your subscription
has expired. Thereafter, your membership will be downgraded to a standard free membership
No refund will be given in the event of termination of a user's membership due to any
that offensive behavior towards other visitors to and/or users of the Taltopia.com
or use of foul language in any way relating to Taltopia.com (including, but not
limited to, emails or User's profile) will constitute sufficient grounds for such
termination of your membership by Taltopia.com.
Taltopia.com does not guarantee a response from any Industry Professional nor does
Taltopia.com make any other promises or warranties of any kind.
You are solely responsible for your interactions with other Taltopia Users. We reserve
the right, but have no obligation, to monitor disputes between you and other Users.
YOU AGREE THAT YOUR USE OF THE TALTOPIA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, TALTOPIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. TALTOPIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE TALTOPIA WEBSITE. TALTOPIA DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE TALTOPIA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND TALTOPIA WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
Limitation of Liability
IN NO EVENT SHALL TALTOPIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE TALTOPIA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TALTOPIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Taltopia from its facilities in the United
States of America. Taltopia makes no representations that the Taltopia Website is
appropriate or available for use in other locations. Those who access or use the
Taltopia Website from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
You agree to defend, indemnify and hold harmless Taltopia, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the Taltopia Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the Taltopia Website.
Ability to Accept Terms of Service
Membership at Taltopia.vom is void where prohibited. Taltopia is intended solely
for Users who are thirteen (13) years of age or older, and any registration by,
use of or access to the Site by anyone under 13 is unauthorized, unlicensed and
and warrant that you are 13 or older and that you agree to and to abide by all of
the terms and conditions of this Agreement. The Company may terminate your membership,
delete your profile and any content or information that you have posted on the Site
and/or prohibit you from using or accessing the Service or the Site (or any portion,
aspect or feature of the Service or the Site) for any reason, at any time in its
sole discretion, with or without notice, including without limitation if it believes
that you are under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Taltopia without restriction.
You agree that: (i) the Taltopia Website shall be deemed solely based in California;
and (ii) the Taltopia Website shall be deemed a passive website that does not give
rise to personal jurisdiction over Taltopia, either specific or general, in jurisdictions
other than California. These Terms of Service shall be governed by the internal
substantive laws of the State of California, without respect to its conflict of
laws principles. Any claim or dispute between you and Taltopia that arises in whole
or in part from the Taltopia Website shall be decided exclusively by a court of
competent jurisdiction located in Los Angeles County, California. These Terms of
Service, together with the Privacy Notice at
any other legal notices published by Taltopia on the Website, shall constitute the
entire agreement between you and Taltopia concerning the Taltopia Website. If any
provision of these Terms of Service is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and Taltopia's failure to assert
any right or provision under these Terms of Service shall not constitute a waiver
of such right or provision. Taltopia reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the Taltopia Website following
any amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms. YOU AND TALTOPIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE TALTOPIA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.