1. Using Talelight
1.1 Who can use Talelight
You may use our Products only if you are legally able to form a binding contract with Ultimation, and only if such use is in compliance with these Terms and all applicable laws. When you create your Talelight account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited.
If you open an account on behalf of a company, organization, or other entity, then
(a) the term “you” as used herein shall include both you personally and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
1.2 Our license to you
Subject to these Terms and our policies, we hereby grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. Some of our Products may be software that is downloaded to your Talelight device and to your computer, phone, tablet, or other device; you agree that we may automatically upgrade those Products, and these Terms will apply to all such upgrades.
1.3 Content available to you through the products
You understand and agree that all information, including but not limited to any written text, drawings, photographs, and videos or other visual images present within the Products (collectively, “Content”) that you create, encounter or have access to in connection with your use of the Products, is solely the responsibility of the person or entity by whom or by which such Content was created or otherwise originated within the Products.
You acknowledge and agree that any Content presented or provided to you as part of your use of the Products may be owned by third parties, and likely is protected by intellectual property laws or other laws or regulations. Except as explicitly provided herein, you may not copy, modify, rent, loan, sell, or distribute any of the Content (either in its entirety or in part), or create any derivative works based on the Content, unless you have been specifically permitted to do so by the owner(s) of that Content in a separate written agreement or unless you or your organization are the owner of the pertinent Content.
1.4 Terms of sale
You agree that you will pay for all products you purchase through Talelight, and that we may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid payment method for payment of all fees. Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product. All sales of products are final.
1.5 One year limited warranty
Your Talelight hardware product holds a one year warranty from the date of original retail purchase against defects in material and workmanship. This warranty does not cover normal wear and tear nor damage caused by accident or abuse.
To obtain service, please email us at firstname.lastname@example.org. If you submit a valid claim under this warranty, we will either repair, replace, or refund your Talelight at our own discretion. Warranty benefits are in addition to rights provided under local consumer laws. You may be required to furnish proof of purchase details when making a claim under this warranty.
1.6 No Commercial Use of Products and Content for Others
You agree not to use the Products or any Content to advertise, promote, endorse, or market the goods or services of a third party in exchange for payment, reimbursement, or compensation of any kind. You also agree not to engage a third party on your behalf to advertise, promote, endorse, or market your products or services using the Products or any Content. You further agree not to use the Talelight Products or Content in any manner that circumvents or competes with Talelight’s own advertising, advertising brokerage, and advertising resale services. Talelight reserves the right, but is not obligated, to reject and/or remove any Content that Talelight believes, in its sole discretion, violates these provisions.
2. Your Content
2.1 Uploading content
Certain Talelight Products allow you to upload content, including written text, comments, photos, visual images, and other materials. Anything that you or other users upload or otherwise make available on Talelight is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you upload to Talelight.
You agree that you are solely responsible for, and that Ultimation has no responsibility to you or to any third party for, any User Content that you create, upload, transmit or display while accessing or using the Products and for all of the consequences of your actions, including any loss or damage which Ultimation may suffer from same; please see also Section 6 below concerning indemnification. You agree not to create, upload, transmit or display any User Content that:
- is profane, sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services
- creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm
- includes hate speech
- is gratuitously violent or gory
- infringes anyone’s intellectual property, privacy or other rights, including any trade secret, trademark, copyright or patent rights, and any rights of publicity or privacy
- is someone else’s personal information or requests a minor’s personal information
- contains any information or content that is illegal
- represents an offer to trade or sell drugs, alcohol, tobacco, or firearms
- Is a duplicate of an image that has previously been uploaded by someone else to Talelight.tech
2.2 Content screening
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content from the Products at our sole discretion. Ultimation has registered as an agent with the U.S. Copyright Office in accord with the Digital Millennium Copyright Act and will avail itself of the protections offered under that Act. Notices to us regarding any alleged copyright infringement should be sent to email@example.com or via mail or courier to Ultimation, LLC, 67 Hobart Ave, Summit NJ 07901.
2.3 How Ultimation can use your content
You grant Ultimation a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, modify, and distribute your User Content on Talelight’s Web site and on Talelight devices for the purposes of operating, developing, providing, and using the Talelight Products and for advertising and promoting the Talelight Products and related services. Nothing in these terms shall restrict any other legal rights we may have to User Content (for example, under other licenses). We reserve the right to remove or modify User Content for any reason or no reason, including any User Content that we believe violates these Terms or our policies.
2.4 How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Talelight, we may retain copies of your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Ultimation and its Talelight users may retain and continue to use, store, and display any of your User Content that other Talelight users have purchased through Talelight.tech.
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are responsible for maintaining the confidentiality of any password associated with any account you use to access the Products. You are solely responsible to Ultimation for all activities that occur under your user account. Please notify us immediately of any unauthorized use of your account.
4. Third-Party Links, Sites, and Services
Our Products may contain links to third-party Web sites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Ultimation. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party Web site, service, or content through our products, you do so at your own risk and you agree that Ultimation will have no liability arising from your use of or access to any third-party Web site, service, or content.
We may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-10 of these Terms.
You, in your personal capacity and also on behalf of your employer (if your use of the Products is made pursuant to your employment) or the entity or organization on whose behalf you make use of the Products, agree to indemnify, defend and hold harmless Ultimation and its officers, directors, employees, agents, corporate parent, and licensors from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by or through you or arising from or related to any User Content uploaded or submitted by you or otherwise occurring as a result of your illegal or unlawful use of the Products.
Except as agreed elsewhere (for instance, the limited warranty provided to purchasers of new Talelight devices), the Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
ULTIMATION SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Ultimation takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. Although we work hard to monitor User Content, you understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. If you observe or identify any User Content posted by another user which you believe to be in violation of these Terms, you agree to inform of such material promptly.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULTIMATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
9. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You and Ultimation agree to submit to the exclusive jurisdiction of the courts located within the State of New Jersey to resolve any legal matter arising out of your use of the Products or these Terms.
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
10. General Terms
Notification Procedures and Changes to these Terms. Ultimation reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time, and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you, typically by electronic means. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products immediately.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ultimation without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ultimation’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.