TaleFlick Terms of Service (“Agreement”)
Although we may attempt to notify users of www.taleflick.com when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at www.taleflick.com/pages/legal. We may in our sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by any such changes.
To be clear, by accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials (“Materials”) to the Site, you agree to be bound by these Terms of Service. If any term is Capitalized, other than a proper name, a definition for that term should be found in this Agreement.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Taleflick without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Acceptance of Terms of Service and Amendments
Our website and services are provided to you on and through our web site on an “AS IS” basis. TaleFlick gathers content, more specifically books, and categorizes them via data analysis and actual readers. The books are then added to a library that may be made available to film and TV producers. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
Third Party Sites
The Site may contain links to third party websites that are not owned or controlled by TaleFlick. TaleFlick has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using TaleFlick, you expressly relieve TaleFlick from any and all liability arising from your use of any third-party website.
Your Responsibilities and Registration Obligations
In order to use this website, you must register on our site, agree to provide truthful information when requested and be at least the age of eighteen (18) or older. When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here. We discourage spam and violation of the law. It is your sole responsibility to comply with any laws, rules or other regulations that you are subject to in the jurisdiction where you reside as well as those of California, the United States or otherwise. You use TaleFlick at your own risk.
You are responsible to maintain the confidentiality of your log-in ID and password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
Your Use of the Site
(a) You agree that all Materials you provide shall be your responsibility.
(b) You shall not provide any Materials that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(c) You shall not impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Materials provided by you;
(d) You shall not collect or harvest any data about other users;
(d) You shall not provide or use this website and any Materials or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(f) You shall not provide any Materials that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Submission of Materials on this Site
By providing any Materials to our website you specifically agree to all of the terms and conditions of the Submission Agreement and Release found here and in addition, agree to all of the following statements:
(a) you warrant and represent that you have all legal, moral, and other rights that may be necessary to submit the Materials to TaleFlick; and
(b) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Materials you provide at any time and for any reason, with or without notice.
Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your submission of any Materials, your violation of this Terms of Service or any other violation of the rights of another person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
You are fully responsible for your own statements and Materials that you post in our site, forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action attempting to hold us responsible for any such Materials or statements.
TaleFlick does not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our site, forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our site, forum, bulletin board, chat room, or any other user interactive area of our site.
We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our site, forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
You agree that any controversy or claim arising out of or relating to this Agreement or any breach of it (“Dispute”) or otherwise in connection with the Material, shall be settled by expedited arbitration according to the rules then prevailing of JAMS, unless the parties are able to arrive at a mutually satisfactory resolution of any such controversy by agreement. The arbitrator shall have the powers with respect to discovery of a Judge of the Superior Court of the State of California pursuant to California Code of Civil Procedure Sections 22016 et seq. The arbitrator(s) shall set forth in writing their findings of fact and conclusions of law and shall render their award based thereon. Upon application by either party to a court for an order confirming, modifying or vacating the award, the court shall have the power to review (a) whether the findings of fact rendered by the arbitrator(s) are supported by substantial evidence and (b) whether, as a matter of law based on such findings of fact, the award should be confirmed, modified or vacated. Upon such determination judgment shall be entered in favor of either party consistent therewith.
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and TaleFlick.
Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: firstname.lastname@example.org
TALEFLICK 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.
Taleflick takes no responsibility and assumes no liability for any Materials that you or any other user or third party posts or transmits using our images, products or services. 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.
You agree that this Terms of Service and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on TaleFlick infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
You may direct copyright infringement notifications to Copyright Claim, Taleflick, 17328 Ventura Blvd, Suite 136, Encino, CA 91316, USA, email: email@example.com. 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.
B. Counter-Notice. If you believe that your Materials that were removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Materials that have been removed or to which access has been disabled and the location at which the Materials appeared before they were removed or disabled;
- A statement that you have a good faith belief that the Materials were removed or disabled as a result of mistake or a misidentification of the Materials; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Taleflick may send a copy of your counter-notice to the original complaining party.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as TaleFlick is not intended for children under 13. If you are under 13 years of age, then please do not use TaleFlick.
(i) If this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Service and we shall be relieved of any further obligation.
Renewals & Refunds
All TaleFlick subscriptions will renew automatically and on a recurring basis unless canceled prior to the renewal date. All renewal fees and other costs you incur while using TaleFlick will be billed to the method of payment you select when you first sign-up for TaleFlick. You will receive emails prior to any renewal.
In order to cancel your automatic renewal, please locate the order confirmation in your email from firstname.lastname@example.org with the subject "Your annual renewal confirmation from Taleflick." You've received that right after the purchase of your subscription. Click 'Manage Submissions' and you will be taken to a screen where you can see all your book submissions. There you will see information about your submission and renewal. Below 'Actions', click on 'Cancel'. You will then be prompted to enter a reason why you want to cancel the renewal. Once you fill that in, click on 'Cancel Submission' and your automatic renewal will be canceled, provided such cancellation is completed prior to the end of your subscription term. Your subscription will remain valid until the end of your subscription term.
There are no refunds of TaleFlick fees, pro-rated or otherwise, with the following exceptions:
- If you choose to cancel as set forth above within seven (7) calendar days after your payment is processed and you have not submitted any Material (as defined in the Submission Agreement) toTaleFlick, you may request a refund and your subscription to TaleFlick will be immediately terminated; and/or
- If you choose to cancel as set forth above within seven (7) calendar days after your payment for renewal is processed and no producer or other industry professional has contactedus regarding any Material you submitted to TaleFlick and you are not currently engaged in any negotiations for the option or purchase of any Material you submitted to TaleFlick, you may request a refund and your subscription to TaleFlick will be immediately terminated. Any Material submitted will be removed from TaleFlick.
Notwithstanding the foregoing, TaleFlick reserves the right to issue refunds or credits at TaleFlick’s sole discretion or as required by applicable law.