Terms & Conditions

 

 

 

1. Acceptance of Terms of Service

 

Totelist is a registered trademark website with a lifetime ownership of the name and concept by the United States Patent Office. These Terms of Service set forth the terms and conditions that apply to your use of the Totelist Network. From time to time, Totelist may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Totelist Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE Totelist SERVICE, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH Totelist. If you do not agree to be bound by these Terms of Service, please discontinue your use of the Totelist service. The Totelist Network is provided free of charge to you (unless otherwise indicated).

 

 

2. Registration Information

 

When you register with the Totelist Network, you may be required to provide the following information: your name, e-mail address, zip code, country, and password.

 

 

3. Termination

 

Totelist reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the Totelist Network and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Totelist, including any personal web site, upon any breach by you of these Terms of Service or otherwise.

 

 

4. Modifications of these Terms of Service

 

Totelist may modify these Terms of Service from time to time in its sole discretion. Each time you use the Totelist Network, you will be deemed to have accepted any such changes. Totelist shall have no obligation to notify you of any such changes other then posting such modifications on the Totelist Network, but Totelist reserves the right to provide you notice of such changes to any e-mail address you have provided to Totelist, or post office address you have provided to Totelist.

 

 

5. Modifications of the Totelist Network

 

Totelist may modify or discontinue the Totelist Network, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

 

 

6. Use of the Totelist Network

A. Content of Messages

 

You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the Totelist Network, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Totelist Network that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Totelist assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Totelist Network. Totelist further assumes no responsibility for the deletion of or failure to store e-mail messages.

 

You further agree that you will not use the Totelist Network to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the Totelist Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Totelist in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Totelist Network. Totelist reserves the right to delete any such material from the Totelist Network. Totelist will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.

 

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Totelist. You further agree not to use an inappropriate member name of any kind.

 

You agree not to post or use the Totelist Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

 

You acknowledge that (i) content on the Totelist Network is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Totelist Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Totelist may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

 

By submitting content, which shall include your member name, to any "public area" of the Totelist Network, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant Totelist a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Totelist Network retains any and all Rights that may exist in such content.

 

Totelist is not obligated to review content posted by users prior to the content's posting to any area of the Totelist Network, including any private profile. Content posted by any user to the Totelist Network does not reflect the opinions or views of Totelist, its parent, subsidiaries or affiliates. Totelist makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Totelist members through any Totelist service.

 

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE TOTELIST NETWORK, YOU HEREBY EXPRESSLY PERMIT TOTELIST TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY TOTELIST'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

 

 

B. Non Commercial Use

 

The Totelist Network, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the Totelist Network are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Totelist in writing. Illegal and/or unauthorized use of the Totelist Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Totelist Network is prohibited. In furtherance thereof, you agree that you will not use the Totelist Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

 

Any such use shall be deemed to be a violation of these Terms of Service.

 

 

C. Totelist Community

 

The Totelist Community service allows members to create unique personal profiles, communicate and share materials with other Totelist members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the community is void where prohibited. You must register for the community in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social community is subject to this Terms of Service and any Additional Terms in the Community Guidelines. You are solely responsible for your interactions with other users.

 

You may never use another's account without permission.

7. Member Disputes

 

You are solely responsible for any interaction with other members or visitors of the Totelist Network. Totelist reserves the right but shall have no obligation to monitor disputes between you and any other member of the Totelist Network.

 

 

8. Intrastate Nature of Communications

 

When you register with the Totelist Network and/or any service therein, you acknowledge that in using the Totelist services to send electronic communications, you will be causing communications to be sent through Totelist's computer networks, portions of which are located in California, Texas, Virginia and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Totelist's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the Totelist communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.

 

 

9. Third Party Services

 

You may order services or merchandise through the Totelist Network from other persons not affiliated with Totelist ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Totelist makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Totelist nor will Totelist be construed as a party to such transactions, whether or not Totelist may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

 

Totelist may include special routing icons which may be located within the Totelist Network, the activation of which will allow you to access and learn more about Totelist and other services provided by Totelist whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

 

 

10. Registration and Password

 

You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Totelist of any unauthorized use of your registration or password.

 

 

11. Claims of Copyright Infringement

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Totelist Network infringe your copyright, you (or your agent) may send Totelist a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Totelist to locate the material on the Totelist Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Totelist a counter-notice. Totelist suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

 

12. Disclaimer of Warranties

 

YOU EXPRESSLY AGREE THAT USE OF THE TOTELIST NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE TOTELIST NETWORK, IS AT YOUR SOLE RISK. THE TOTELIST NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTELIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

 

13. Limitation of Liability

 

TOTELIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE TOTELIST NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE TOTELIST NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF TOTELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

14. Promotional Messages

 

Totelist and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Totelist makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Totelist nor such third party shall have any liability with respect thereto.

 

 

15. Indemnification

 

You agree to indemnify and hold each of Totelist, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Totelist Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

 

 

16. Applicable Law

 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering the Totelist Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in California.

 

 

17. Remedies for Breach of these Terms by You

 

In the event that Totelist determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Totelist Network, Totelist reserves the right to (i) delete any or all content provided by you or your agent(s) to The Totelist Network; (ii) discontinue your registration(s) with the Totelist Network and/or any other Totelist community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Totelist Network; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Totelist deems to be appropriate.

 

 

18. Miscellaneous

 

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

 

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

 
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