Last Updated: 09/15/2020
1) Additional Terms.
By entering into these Terms or by using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Tally and industry developments. Please review our SMS Terms and Conditions for additional information on opting-in to or opting out of receiving promotional texts from us. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
4.1) To sign up for the Services, we may require you to register for an account on the Services (an "Account"). You must provide truthful, accurate and complete information and keep your Account information updated. If we have reasonable grounds to suspect you have provided any information that is inaccurate, not current or incomplete, we may deny you access to the Services, Contests, areas requiring registration, disqualify you from Contests, revoke Contest prizes, and/or terminate your Account, at our sole discretion.
4.2) You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene, as determined by us in our sole discretion. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may not use another person's Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), unauthorized disclosure of your login credentials, or unauthorized use of your Account. You may not publish your password or login credentials or share them with another person. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
4.3) We may take actions intended to prevent the Services from becoming a source of crime or disorder, being associated with crime or disorder or being used to support crime. We may, but have no obligation to, investigate suspicious transactions or require additional information from you to verify your identity and eligibility to use the Services. If we deem it necessary, in our sole discretion, we may report suspicious transactions to the applicable governmental authorities. In the event of suspicious transactions or where we are unable to identify your identity, we may refuse to process any withdrawals, suspend or terminate your access to the Services and may disqualify you from current or future Contests.
4.4) You may establish, maintain, use and control only one Account. Each Account may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" Accounts. In the event we determine that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that we may have, we reserve the right to suspend or terminate your Account and terminate, withhold or revoke the awarding of any Contest prizes.
4.5) Each year all winners of Contest prizes over the previous year may be required to provide updated address and social security (or other tax identification number) details to us. These details will be used to allow us to comply with tax regulations and may be shared with appropriate tax authorities. You, not Tally, are responsible for filing and paying applicable state and federal taxes on any Contest prizes you win. We do not provide tax advice, nor should any statements in these Terms of Service or on the Service be construed as tax advice.
5) Use of the Services and License Grant.
5.1) The Services, and the information and content available on the Services are protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited license to reproduce portions of Services for the sole purpose of using the Services for your personal purposes. Unless otherwise specified by us in a separate license, your right to use any and all of the Services is subject to these Terms.
6.2) User Content. All Content submitted to the Services by users ("User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted to the Services by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain any ownership rights you may have in User Content submitted by you. You acknowledge that your access to and use of any Content, including User Content, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
6.3) Proprietary Rights; Notices and Restrictions. All Content is protected by United States and international laws applicable to copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights. The trademarks and service marks appearing on or through the Services, including all related graphics and logos, are owned by us. All other trademarks or services marks not owned by us that appear on or through the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You will not remove or modify any trademark, copyright, or other proprietary rights notices, and will comply with all restrictions regarding the use of Content published through the Services.
6.4) No Obligation to Pre-Screen Content. You acknowledge that we have no obligation to pre-screen Content (including, but not limited to, User Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates these Terms or is otherwise objectionable.
6.6) License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services, and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section 6.6 shall apply to the same. You also hereby do and shall grant each user a non-exclusive, perpetual license to access any of your User Content submitted for public display through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. We do not claim ownership of User Content. However, when you as a user post or publish User Content, you represent and warrant that you own or otherwise have all rights necessary to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Notwithstanding anything contained herein to the contrary, by submitting User Content to any forums, comments, or any other area on the Services, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of User Content in any publication in any form, media or technology now known or later developed in connection with User Content.
6.7) Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or our business.
7) Rules of Conduct.
7.2) By way of example, and not as a limitation, you shall not (and shall not assist or permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any User Content, that:
7.2.1) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, including but not limited to, facilitating the rebroadcast of the Services (see our DMCA Copyright Policy in Section 19 below);
7.2.2) uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
7.2.3) uses screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question;
7.2.4) you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information;
7.2.5) illicitly manufactures additional points or other benefits by providing inaccurate information, buying or selling such benefits, creating multiple accounts, or other means;
7.2.6) results in the creation or operation of multiple user accounts;
7.2.7) creates multiple entries into Contests, by any means, including multi-accounting;
7.2.8) logs an Account into multiple devices simultaneously;
7.2.9) logs multiple Accounts into a single device over the course of the history of any of the Accounts;
7.2.10) enters you into a Contest for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means;
7.2.11) results in the sale or transfer of your Account;
7.2.12) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
7.2.13) constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
7.2.14) contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
7.2.15) is designed or intended to obtain password, Account, or private information from any user;
7.2.16) impersonates any person or entity, including any of our employees, representatives, or users;
7.2.17) promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or
7.2.18) includes anyone's identification documents or sensitive financial information.
7.3) You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers') computer systems or infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the App without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our published guidelines and policies.
7.4) You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, the App), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
7.6) If for any reason the Services are not running as originally planned (e.g., if the Services become corrupted or do not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Tally corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Tally reserves the right, in our sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Services, and select the Contest winner(s) from all eligible entries. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site or otherwise through the Services.
8) Interactions With Other Users
8.1) You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in such disputes. You agree that we will not be responsible for any liability incurred as the result of such interactions.
8.2) The Services may contain User Content provided by other users. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk.Third-Party Services and Providers.
9) Third-Party Services.
9.1) The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App (including, without limitation, sites and services to synchronize video to music) (collectively, "Third-Party Services"). These Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Services. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.
9.2) Third-Party Ads. We reserve the right to display third-party advertisements before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that we have no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by us as a result of such advertising).
10) Location-Based Services.
We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the "Location-Based Services"). You may partake in using these Location-Based Services solely at your own discretion, and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
11) Term and Termination.
11.1) Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.
12) Warranty Disclaimer.
12.1) We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
12.1.1) which users gain access to the Services;
12.1.2) what Content you access via the Services; or
12.1.3) how you may interpret or use the Content.
12.2) You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the availability, accuracy, truthfulness, copyright compliance, or legality of material or Content contained in or accessed through the Services.
12.3) The views and opinions of our users are their own and not necessarily representative of the views and opinions of us or our officers, directors, or employees, and we assume no responsibility for the Content, accuracy, or views of or opinions expressed by such users.
12.4) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, SPONSORS, AND CONTENT PROVIDERS (COLLECTIVELY “TALLY PARTIES”) DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12.5) YOU ACKNOWLEDGE AND AGREE THAT THE TALLY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TALLY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. WE MAKE NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
14) Limitation of Liability.
14.1) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OR THE TALLY PARTIES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), FOR (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATED TO SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF THE TALLY PARTIES FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A TALLY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A TALLY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
14.2) Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, THE TALLY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE VALUE OF ANY CONTEST PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) ONE HUNDRED DOLLARS (US$100.00).
14.3) CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TALLY AND YOU.
15) ARBITRATION CLAUSE & CLASS ACTION WAIVER–IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
15.2) The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
15.3) The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The arbitration rules also permit you to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Tally will pay them for you. In addition, Tally will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
15.4) Location. Arbitration will take place at any reasonable location within the United States convenient for you. You and Tally agree to submit to the personal jurisdiction of any federal or state (as applicable) court within the United States in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
15.5) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.6) Waiver of Jury Trial. YOU AND TALLY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tally are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this arbitration provision, except as specified in Section 16.7. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
15.7) Exception–Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights. As used in this Section 16.7, "intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
15.8) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: Tally Technology Group, Inc., 12655 W Jefferson Blvd, Los Angeles, CA 90066. The notice must be sent within 30 days of first becoming subject to this Section 16 in these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 16. If you opt out of these arbitration provisions, Tally also will not be bound by them.
15.9) Changes to this Section.
15.9.1) We will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day following notice, and will apply prospectively only to any claims arising after the 60th day.
15.9.2) For any dispute not subject to arbitration you and Tally agree to submit to the personal and exclusive jurisdiction of and venue in the applicable federal and state courts of California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
15.10) This arbitration agreement will survive the termination of your relationship with Tally.
16) Governing Law and Jurisdiction.
18) DMCA Copyright Policy.
We have adopted the following general policy toward copyright infringement in accordance with the applicable provisions of the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below
a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
b) Identification of works or materials being infringed;
c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
d) Contact information about the notifier including address, telephone number and, if available, email address;
e) A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent, to Receive Notification of Claimed Infringement for Tally at firstname.lastname@example.org, or at: Tally Technology Group, Inc., 12655 W Jefferson Blvd, Los Angeles, CA 90066.
19.2) Electronic Communications. The communications between you and Tally may take place via electronic means, whether you visit the Services or send use-mails, or whether we post notices on the Services or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
19.3) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
19.4) Release. You hereby release the Tally Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Tally Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
19.10) Relationships. The App is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates.
19.11) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210
You may contact us at the following address: Tally Technology Group, Inc., 12655 W Jefferson Blvd, Los Angeles, CA 90066.