User Terms of Service
Last Updated: February 1, 2023
The https://app.taliho.com and https://www.taliho.com websites, and any other website on which these Terms of Service appear (the 'Websites'), and any software, mobile applications, products, devices or other services offered by Taliho from time to time and other services offered through third parties integrating Taliho functionality (collectively, 'Services'), are made available by Taliho, LLC. ('Taliho'). You may access and utilize the Websites and Services only under the following terms and conditions ('Terms of Service').
These Terms of Service apply to all users of the Websites and Services. By using the Websites and Services you signify your acceptance of these Terms of Service, Taliho's Privacy Notice, and Taliho's Copyright Policy, which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.
Website Limited License
As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. Taliho may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services.
Limitations On and Scope of Use
Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to: Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Websites or the Services. Manually extract, decompile, reverse engineer, disassemble or create derivative works from the Websites or the Services. Determine the site architecture or extract data or information about usage, individual identities of other users of the Websites or the Services via use of any network monitoring or discovery software or otherwise. Monitor, copy, scan, review, index, mirror, ping or validate the Websites or the Services via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited). Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code. Transmit any false, misleading, fraudulent or illegal communications, information or data. Phish, spoof, commit illegal or fraudulent activity, or violate laws in your jurisdiction. Access unauthorized information. Solicit information from minors or harm or threaten to harm minors. Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or engage in any other threatening behavior. Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not. Export or re-export this Website or any portion thereof in violation of the export control laws and regulations of the United States of America.
Intellectual Property Rights
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Taliho, the Taliho logo, and all other Taliho trademarks, service marks, product names, and trade names of Taliho appearing on or in conjunction with the Websites and Services are owned by Taliho. Taliho does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without Taliho's prior written consent.
Linking to the Websites and Services
You may provide links to the Websites and Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Websites and Services and (ii) you discontinue providing links to the Websites and Services if requested by Taliho.
License of Your Content to Taliho
By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Websites or Services (other than on https://app.Taliho.com or on the mobile applications), you grant (or warrant that the owner of such rights has expressly granted) Taliho a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against Taliho for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to Taliho.
Copyright Notices & Complaints
It is Taliho's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the 'DMCA'). For more information about Taliho's DMCA procedures, please see our Copyright Policy. Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. Taliho may terminate any user's access to the Websites or Services if Taliho determines that user is a 'repeat infringer.'
Relationship of Taliho and You
You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and Taliho.
No Solicitation
You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
Registration
Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Taliho of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing Taliho applications. You may request to unsubscribe by contacting Taliho, and Taliho will permanently remove you from Taliho's registered list of subscribers.
Postings in Interactive Areas
If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. Taliho may delete your postings at any time for any reason without notification of or permission from you, however, Taliho has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But Taliho does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
No Expectation of Privacy
TALIHO MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. You acknowledge that any content you post on publicly accessible portions of the Websites or Services is a public and not private communication. Others may read and view your communications without your knowledge. Taliho does not control or endorse the content, messages or information posted by other third-party users on the Websites or Services. Taliho will not be liable for the privacy of any of your or any other third-party postings to the Websites or Services and specifically disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see Taliho's complete Privacy Notice, incorporated into these Terms of Service by reference.
Errors and Corrections
Taliho does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Taliho does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. Taliho may make improvements and/or changes to its features or functionality at any time.
Third-Party Content and Links
Third-party content may appear on the Websites or Services or may be accessible via links from this Website. Taliho will not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Websites or Services. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of Taliho. Further, information and opinions provided by employees and agents of Taliho in interactive areas of the Websites or Services are not necessarily endorsed by Taliho and do not necessarily represent the beliefs and opinions of Taliho. Taliho, or other third-party users of the Websites or Services, may provide links to other websites or resources. Taliho has no control over such sites and resources. You acknowledge and agree that Taliho is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You acknowledge that use of any third-party website is governed by the terms of service and privacy policy for that website, which terms you are responsible for reading and reviewing, and not by these Terms of Service or Taliho's Privacy Notice. You further acknowledge and agree that Taliho 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 use of or reliance on any such content, goods or services available on or through any third-party site or resource. Taliho reserves the right to disable any link or remove any third-party content at any time in its sole discretion.
DISCLAIMER
THE WEBSITES AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. TALIHO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TALIHO DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR SERVICES.
LIMITATION OF LIABILITY
TALIHO SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. TALIHO SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
INDEMNIFICATION
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE TALIHO SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE TALIHO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TALIHO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU OR ARISING FROM OR RELATED TO ANY POSTINGS SUBMITTED BY YOU.
Governing Law
These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of New York, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts.
Privacy
Your use of this Website is subject to these Terms of Service and Taliho's Privacy Notice.
Severability of Provisions
These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Notice, or the Copyright Policy, and constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Modifications to Terms of Service
Taliho may, in its sole discretion, modify or revise these Terms of Service, including without limitation Taliho's Privacy Notice, at any time by posting the amended terms on the Websites or otherwise linking to them in the Services. Taliho additionally will either (a) notify you via the email address you have associated with your account if you have registered with the Websites or Services, so you must ensure that Taliho's email is not filtered from your Inbox by your ISP or email software, or (b) post a notice on the Websites and Services that the Terms of Services and/or Privacy Notice have been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.
Copyright Policy
Reporting Claims of Copyright Infringement: Taliho takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites or Services infringe your copyright, you may request removal of those materials (or access to them) from the Websites or Services by submitting an email notification to Taliho. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ('DMCA'), the written notice (the 'DMCA Notice') must include substantially the following: Your physical or electronic signature; Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Websites or Services, a representative list of such works; Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material; Adequate information to allow us to contact you (including your name, postal address, telephone number, and, if available, email address); A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; A statement that the information in the written notice is accurate; A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. Repeat Infringers: In appropriate circumstances, Taliho will disable and/or terminate the accounts of users who are repeat infringers.