Subscription Terms:

Terms & Conditions of Use: Taltopia.com

Last modified April 1, 2010

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.

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 terms and conditions and privacy policy of each other website that you visit.

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.

Website Access

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.

User Submissions

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 law; and

(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 the site.

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.

Famebucks

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, and agreed to our Terms, and Privacy Policy.

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, the service;
  • 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 Terms;
  • 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 on time.

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 time period.

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.

Premium Membership

a. Fees
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 on Taltopia.com.

No refund will be given in the event of termination of a user's membership due to any violation of the Terms of Use in any prohibited conduct. In that respect, you agree 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.

User Disputes

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.

Warranty Disclaimer

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 WHERE APPROPRIATE.

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.

Indemnity

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 in violation of these Terms of Use. By using the Service or the Site, you represent 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.

Assignment

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.

General

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 http://www.taltopia.com/privacy and 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.



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