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iTales™ Terms and Conditions This is a fairly lengthy document, and it contains many important provisions that affect your rights and obligations. By selecting the correct box at the end of this Agreement and selecting "I Agree" or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not download the Content. The Terms & Conditions of Use applies to any Person who visits, becomes a Member, submits Material (e.g., Contributor) to or in any manner avails themselves of any Service offered at, on or through the Site (hereinafter a "User"). As set forth herein, the term, "User" includes, but is not limited to, Storyteller, Artist, Contributors, Content Providers, Members, Listeners, and Consumers.
The user agrees that:
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com/. Adults purchasing stories for minors or underage children, such as parents, friends or educators, are encouraged to listen to and screen the stories for appropriateness for the child. iTales does not take responsibility for any harm or damages caused by a child listening to a story, whether screened by the adult or not, or whether screen by iTales management, staff or representative or not. iTales rules require that story content should not contain abusive, violative, demeaning, libelous, slanderous and indecent language or meaning. Reporting a Story or Violation of Rules of Decency
iTales makes every effort to review reports in a timely manner. iTales reserves the right to place a temporary hold on story postings or sales when a complaint related to the story is filed. iTales also reserves the right to remove any story from the site, related to a complaint or otherwise. It is our policy to terminate Members who are found to be repeat infringers. Framing and Metatags
Advertisements and Links to Other Sites
Linking: Other
You expressly agree that exclusive jurisdiction for any dispute with iTales, or in any way relating to your use of iTales, resides in the courts of the State of California, County of Orange and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving iTales or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any controversy, dispute or claim of any nature whatsoever relating to iTales, your use of the iTales website or these Terms and Conditions shall be resolved by final and binding arbitration in Orange County, California. The Arbitrator shall determine the prevailing party. Special Admonitions for International Use
All photographs on the iTales.com website were posed by models. They do not endorse any of the products or are in any way connected with any of the subject matter. In consideration for accessing or using this site, you expressly agree to indemnify and hold iTales completely harmless from and against any and all claims arising from such access or use. Further, you waive and release iTales against any and all claims, known or unknown, existing or that may arise later, in any way related to your access or use. You hereby further waive the provisions of California Civil Code Section 1542, which state: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You agree to defend, indemnify, and hold iTales, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees and court costs, resulting from, or alleged to result from, your violation of these Terms and Conditions, your use of any Service, and/or the use of any Service by any other person using your Username. iTales may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. Acceptance of Electronic Contract You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement. Fees and prices appearing on iTales are based on United States dollars. Payments for any Service or purchase made on or through iTales shall be made to Marketing Elements, LLC in United States dollars. You agree to pay for all fees and charges incurred under your iTales account or Username. If you have configured the account associated with your Username (your "Account") to pay for Services or purchases with a credit or debit card or similar form of payment (a "Card" payment method), you authorize any and all charges and fees incurred under your Account to be billed from time to time to your Card account. Regardless of the method of payment, it is your sole responsibility to advise iTales of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder. Checks issued by iTales to any User, for any purpose, are VOID after 180 days from the date of issue. Users who fail to cash iTales-issued checks within such 180-day period will be charged a $2.00 fee for re-depositing funds from the stale check to the User's account. Users requesting replacement checks will be charged an additional $5.00 fee for issuance of the replacement check. The iTales Store sells products to end user customers only. All Sales are final. In the case of incomplete downloads or other errors in transmitting the file, please contact Click&Buy (http://www.clickandbuy.com) to notify them of the error and request a refund on the transaction. Click&Buy is the iTales.com payment processor. We use Click&Buy to make your payment quickly and securely. It takes only a few moments to pay and you can choose to use your credit or debit card, or set up a direct debit from your checking account. There's no ongoing monthly fee to pay with Click&Buy When you open a Click&Buy account, you will register your personal details only once. This will give you a secure user name and password that you can use to buy in the future without re-registering. Click&Buy provides the payment processing security to keep your data details safe and secure. iTales.com does not have access to your personal, banking or credit card details. The Click&Buy Customer Care Team is on hand between Monday and Friday 8am - 6pm EST to answer any concern you might have, please call toll-free 1 (877) 254 2528 or e-mail support@clickandbuy.com. Click&Buy ® is a registered trademark of WebPay, Inc., used under license. Click&Buy allows you to purchase from iTales with a single click of your mouse. Once you have agreed upon the Click&Buy terms and conditions and activated an account with Click&Buy, clicking the "Purchase with Click&Buy" button will start the download immediately and complete your purchase transaction without any other steps. When purchasing products using Click&Buy, you agree with the iTales Sales and Refund Policy as presented when setting up your iTales and Click&Buy accounts. (See Contributor Payments and Payment Methods for further details.) Payments for items in the iTales Store (stories) and iTales Marketplace (logo merchandise and/or Amazon affiliate merchandise) are managed through Click&Buy and/or Amazon. Click&Buy offers convenient monthly payment through direct debit, credit card, invoice or prepaid account. Review the Click&Buy Policies for information about approved payment methods and billing terms (http://www.clickandbuy.com) The iTales Store and iTales Marketplace accept the following credit cards: Visa, MasterCard, American Express, and Discover. Through Click&Buy, iTales offers acceptance of international payments. Please refer to the Click&Buy policies for the available payment methods for your country. Debit cards and check cards have daily spending limits that may prevent the processing of your order. It is your responsibility to know the minimum charge amounts and/or associated fees for charges below the minimum allowed charge on the credit card you use to purchase stories or goods on iTales.com. For general questions about Click&Buy, please call 877-254-2528 or send them an e-mail at service@us.clickandbuy.com. If you have a problem, you will need to tell Click&Buy your customer information (name, customer number or address) and provide a detailed description of the error. Billing When purchasing stories on iTales using Click&Buy, your order may be authorized and billed in gradual increments during one purchasing session as you click the "Purchase with Click&Buy: button. Depending on the size of your order, this may appear as a single or multiple orders and billings on your monthly credit card statement. Some credit card companies have set minimum charges. It is your responsibility to be familiar with the minimum charge or debit requirements or fees of the credit card you are using for any purchase(s) on iTales. Sales Tax iTales Store purchases will include sales tax based on the bill-to address and the sales tax rate in effect at the time of download. If the sales tax rate for the billing address changes before the story is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where story downloads are taxable, if applicable. No customers are eligible for tax exemptions for purchases made on the iTales Store. Story Contributors on iTales are solely responsible for paying any personal or business taxes, or duties, on revenues received from iTales. Contributors must be familiar with the laws in their country, region, state or county to meet local tax and/or duty requirements. When paid story commissions reach over $600/year in the United States, certain tax laws apply. In the United States, the law requires that iTales complete a 1099 Form for anyone receiving over $600/year in story commissions. Should this occur, iTales will notify you to request your Social Security Number or Tax Identification number in order to complete the required tax reporting forms. If the required information is not received by iTales from the Story Contributor, then the story will be placed on hold until the information is received, potentially through the year end. Marketplace Prices Prices on items in the iTales Marketplace (e.g., t-shirts, etc.) are set by iTales or Amazon for Amazon affiliate merchandise. iTales reserves the right to change prices for products offered at the iTales Store (e.g., story bundling, special promotions or offers) or iTales Marketplace at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. Content Availability The iTales Store makes every effort to provide a broad content offering. For this reason, iTales reserves the right to change content options without notice. Not all items may be in stock at the time of order placement. For Assistance with Orders For assistance with billing questions or other order inquiries, please refer to our Support section. If you cannot find the answers you are seeking, you can contact us by sending an email at CustomerService@iTales.com or go to our Contact page and complete the email form. Content Usage Rules Your use of any Products purchased from iTales is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein. Story Sale Commissions iTales pays a commission of 40% for each successful paid story download. iTales will endeavor to make payment of fees in respect of purchased downloads of Accepted Content on a quarterly basis by the 15th day of the month following quarter end provided such fees aggregate a minimum of US$25, failing which fees owing will be retained until they exceed such minimum. At the end of each year, any remaining unpaid commissions will be paid out based on the quarterly payment schedule. In all cases, payment of fees to the Supplier will be net of: (i) applicable taxes or other withholdings required by applicable law; (ii) bad debts or other uncollectible sums; (iii) legal and other reasonable fees incurred in enforcing this Agreement or the Content License Agreement; (iv) where purchases or licenses are by other than the credit system, fees payable to financial institutions for the processing of any credit card, debit card, e-cheque or alternative payment method; and (v) any amounts owing by the Supplier to iTales under this Agreement or otherwise. Without limiting the generality of the foregoing, iTales is entitled to set-off against any amount owing to Supplier, all amounts to which iTales is or may be entitled under this Agreement or otherwise at law, including withholding amounts as security for any pending or threatened claim relating to any matter which is the subject of a representation, warranty or indemnity of Supplier under this Agreement. Other Financial Terms and Conditions iTales is not responsible for typographic errors. iTales is not responsible for typographic pricing errors of Members or Story Contributors. iTales reserves the right to change the terms and conditions of sale on iTales at any time. Customers are encouraged to review the complete iTales terms and conditions on a periodic basis for modifications. All sales on iTales are governed by California law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered purchases pass to the purchaser in California upon electronic transmission to the recipient. The Contributor(s) agree that:
Contributor Representations: By accepting this Agreement and/or submitting Materials to iTales, you expressly warrant and represent the following to iTales and acknowledge that iTales is relying on such warranties and representations:
While the administrators and moderators of this site will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every story, tale, posting or forum discussion item. Therefore you acknowledge that all posts made to iTales (e.g., stories/tales), the iTales public forums and Member Profiles express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable. You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any material that may violate copyright or any other applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all forum posts and uploads is recorded to aid in enforcing these conditions. You agree that iTales has the right to remove, edit, move or close any information posted or uploaded by you at any time in their sole discretion. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent iTales cannot be held responsible for any intrusion that may lead to the data being compromised.
By posting an audio or video story and Member profile information to the iTales site, you agree that iTales has the right to copy and store this information on its servers.
iTales agrees to pay the Contributor a 40% commission on fees collected from Accepted Content that is downloaded or otherwise purchased by end-users. The parties acknowledge that the Commission Rate is subject to change in the sole discretion of iTales in the ordinary course of its business without notice by posting such changes on the Site. If at any time the Commission Rate is not acceptable to the Contributor, you may refrain from providing additional Content or terminate this Agreement in accordance with its terms. Please refer to the Financial Terms and Conditions section for additional information on Storyteller Compensation.
iTales endeavors to offer competitive prices on current selections. Content Contributors to iTales set the price for their products. Minimum recommended prices are set by iTales. Story Contributors have the right to increase or decrease the price, as long as it is over the minimum recommended price set by iTales. Contributors have the ability to post stories in multiple languages and to sell them in multiple countries at local currencies. Contributors can also post their story sale in a single currency (e.g., US dollars). Prices for stories sold in each country are set by the Contributor, in accordance with the currency of the target country. Contributors are responsible for knowledge of local currencies and appropriate pricing in that currency. Minimum price recommendations are only available in U.S. dollars. iTales is not responsible for any currency exchange fluctuations or pricing errors on behalf of the Contributor. iTales has the right to select a story to be included in a "group" sale, meaning the story is sold to an entity (for example a company or organization) that has the right to play the story more than one time or for more than one person. For "group" sales, iTales has the right to negotiate the group sale price. Contributor reimbursement for stories included in "group" sales will differ, as the number of times each story is listened to or the number of different users will vary from sale to sale. An example of a "group" sale would be a sale to an airline company, for use of a group of stories from iTales for passengers to enjoy. In "group" sales, the Contributor reimbursement will vary for each negotiated contract. During the registration process, please indicate your desire to participate in a group sale, by checking the box for inclusion in special promotions or offers.
iTales has the right to select certain stories and offer them for sale in conjunction with sales of other stories (e.g., a "bundled" sale), or a special promotion or offer. An example of a bundled sale would be "Buy 9, Get 1 Free". iTales has the right to change either the story price or the individual Contributor reimbursement for bundled stories. Contributor reimbursement will vary depending on the number of stories and the individual story prices of the stories selected by the buyer in the bundle. If you would like to be included in opportunities for bundled story sales, please check the box during the registration process allowing your story to be included in special promotions or offers. In some instances you may make more money than selling the story on an individual basis, and in others, you may make less. Special offers may increase the frequency of your story being sold, offsetting any possible Contributor per story reimbursement decrease or price decrease.
For stories with significant additional production qualities (such as 3-D/binaural sound productions), the Contributor needs to consider these extra production costs in setting the price of their story, considering premium pricing. When submitting a story using 3-D/binaural sound technology, please email iTales to notify them that a story using this technology is being placed on the site. iTales has the right to highlight these stories on a special link on the front page of the website. The Content of the iTales site is protected by copyright under both United States and foreign laws. Title to the Content remains with iTales or its licensors. Title to the content provided by Contributors (e.g., stories/tales) remains the property or and copyright of (when appropriate) of the content provider. Only original works or stories in the public domain are allowed on the site. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of iTales. All rights not expressly granted herein are reserved by iTales and its licensors. If you violate any of these Terms and Conditions, your permission to upload or use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. You shall retain full ownership of any and all Materials you own and submit to iTales, at all times, subject only to the rights and licenses you grant to iTales pursuant to this Agreement or any other applicable agreement. If you believe that Materials in which you hold an ownership interest have been posted to the Site or otherwise submitted to iTales without your permission, you must, and hereby agree, immediately to notify iTales’ Copyright Agent by writing to: John Carpenter, Esq., Reed Smith, LLP, 2 Embarcadero Center, Suite 2000, San Francisco, CA 94111. iTales is a community of storytellers - with a goal of providing great audio stories for all ages. We strive to ensure that the rules for iTales are very clear and monitor stories placed on the site via community feedback. Story listeners and community members are encouraged to provide feedback on stories on the site, by entering age appropriateness and story ratings and reporting to iTales any potential copyright or other infringement. iTales management does not review stories for copyright infringement or ownership infringement. If site users see or hear stories or material on the site that may either infringe on a copyright, ownership or trademark they are urged to report it to iTales via the iTales Copyright Agent. We take all copyright and other story complaints seriously. iTales administrators have the right to review, place on hold or remove any stories at any time that they feel are in violation of site rules. Repeat offenders may be barred from future site participation. It is your responsibility to read and understand the iTales Digital Millennium Copyright (DMCA) Policy, outlined below: Section 512 of the Copyright Law of the United States (17 USC §512; available online at http://www.copyright.gov) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) and other applicable intellectual property laws. iTales is a "service provider" within the meaning of Section 512 and we have designated an agent to receive notification of alleged copyright infringement. The agent name and contact information is: John Carpenter, Esq., Reed Smith, LLP, 2 Embarcadero Center, Suite 2000, San Francisco, CA 94111. Response by iTales may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating contributors or subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public. If you believe that Material on the Site violates any of your exclusive rights under United States copyright law, you must notify our designated agent. Section 512 (c)(3)(A) requires that to be valid, your claim of copyright infringement must be written and addressed to our agent: John Carpenter, Esq., Reed Smith, LLP, 2 Embarcadero Center, Suite 2000, San Francisco, CA 94111, and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
When filing an infringement claim, please include any story identification material to assist our agent's investigation of your claim. Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided), iTales will undertake to have the disputed Material removed from public view, in accordance with Section 512 (g). We will also notify the user who posted the allegedly infringing Material that we have removed or disabled access to that Material. iTales, as a service provider, has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Please note: If you materially misrepresent that Material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution for perjury. If you are an iTales user and you feel that Material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent: John Carpenter, Esq., Reed Smith, LLP, 2 Embarcadero Center, Suite 2000, San Francisco, CA 94111 and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
In consideration of iTales' efforts to provide your work with public exposure, you expressly authorize iTales and its sub-licensees to transmit, stream, broadcast, publicly display, index and publicly perform in any manner, form or media whether now known or hereafter devised, any of the Materials you submit to iTales. Without limitation to other licenses you may be inferred to have granted in order to accomplish the foregoing, you expressly grant iTales and its sub-licensees the following licenses with respect to any and all Materials you submit.
Whether or not you are a member of a performing rights society, you hereby grant iTales and its sub-licensees a nonexclusive, direct license to publicly perform all audio, written or video compositions included in your submitted Materials to iTales, worldwide. If you belong to a performing rights society you understand that it is your sole responsibility to notify your performing rights society of the direct license you have granted herein. You hereby grant iTales and its sub-licensees a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings included in your Materials, worldwide. Although copyright law is evolving to accommodate the digital environment, certain key issues remain unresolved. One such issue is the extent to which reproduction licenses are required for compositions and sound recordings made available on interactive streaming services. We choose to resolve the issue contractually, until statutory or case law provides more definitive guidance.
From time to time iTales may invite you to submit your Materials for inclusion in downloadable content files known as "podcasts." Podcasts are non-live entertainment programs spotlighting the work of iTales members and are made available for download in unprotected media, free of charge, at the Site. iTales will not include your Materials in podcasts without your consent. If you choose to grant such consent, however, you also (and hereby do) grant to iTales and its sub-licensees all licenses reasonably required for podcasting, including nonexclusive reproduction and public performance licenses for all compositions, and nonexclusive reproduction and public performance licenses for all sound recordings, embodied in any Materials of yours selected for inclusion in iTales podcasts. You further release iTales and its sub-licensees for any and all liability arising from any alleged failure by iTales or any of its sub-licensees to obtain appropriate licenses for the use of any Materials of yours selected for inclusion in iTales podcasts. Sub-licensees designated by iTales to transmit, stream, broadcast, publicly display and/or publicly perform your Materials may pay a fee to iTales for facilitating access to such Materials and you hereby agree that iTales shall be entitled to collect and retain 100% of all such facilitation fees without any obligation to you. You further grant to iTales a worldwide, nonexclusive license to use the Materials you submit to us for Marketing, Advertising or promotional purposes, unless you and iTales enter into a separate agreement, agreed upon by both parties. iTales will not sell or license your Materials to others without your permission. iTales shall have the right and license to use, and license others to use, your Materials for the purpose of promoting our products and services, and to use all names, likenesses, biographical materials, logos, marks or trade names of you and all individuals performing on or otherwise represented in your Materials without any payment to you or any other Persons, entities, groups or associations. All rights and licenses you grant to iTales pursuant to this Section shall terminate when, in accordance with this Agreement, you exercise your right to request removal of any or all Materials. You agree that the webmaster, administrator and moderators of this web site have the right to remove, edit, move or close any information posted or uploaded by you at any time should they see fit. Causes for story removal may include, but are not limited to: the inclusion of objectionable material in the story (see Objectional Material), story non-performance of sale targets set by site management or receipt of complaint(s) by users of the site about the story. iTales also has the right to change the Story Category or Age Appropriateness of the story if a complaint is received or if iTales management deems this action necessary. The Contributor also has the right to remove their content from the site at any time. iTales’s licenses to use such Materials will continue for any copies of such Materials that may have been disseminated in any format or media prior to the actual removal of such Materials from the Site. If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. iTales is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
iTales reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. iTales has no liability or responsibility to users of the iTales Site or any other person or entity for performance or nonperformance of the aforementioned activities. The opinions found in the forums and other pages of iTales are not necessarily the opinions of iTales.com, Marketing Elements, LLC (the owner of iTales.com), or its employees. iTales is in no way responsible for the opinions found therein. iTales reserves the right to terminate the account of any member, with or without notice, and to edit or delete members’ posts at the sole discretion of the administrators and moderators. In joining iTales, you acknowledge that you are at least eighteen (18) years old or older. However, it is to be understood that iTales has no ability to verify the age of its members and cannot warrant to its members that users have complied with the age requirements. To that effect, iTales is in no way responsible for any harm, or conflicts that may arise from an under-age member participating in forum discussion. Before posting in any of the forums at iTales, you agree to read and follow all rules of that particular forum. You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that iTales shall not be responsible to you or others for any such interruptions, delays, interruptions, corruptions, errors or problems or for discontinuance of any iTales Service. iTales provides no assurances whatever that any of your Materials will ever be accessed or used by iTales, its visitors, Subscribers or sub-licensees nor, if so accessed or used, that your Materials will continue to be available for any particular length or period of time. iTales is not liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the iTales Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not iTales is advised of the possibility of such damages. A possibility exists that the Site or any Service could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or any Service. Although we attempt to ensure the integrity of the Site and every Service, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site's or any Services’ completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) or the story identification information (e.g., story title, story number) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable. For copyright infringement claims, see iTales Digital Millennium Copyright Act (DMCA) Policy section of this agreement. The Site and any Service may be discontinued at any time, with or without reason or cause. iTales disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or Material. iTales disclaims any and all responsibility for harm resulting from downloading or accessing any information or Material on the Internet or through the Site.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITALES, MARKETING ELEMENTS, LLC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ITALES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, CURRENTNESS, AND PERFORMANCE OF ANY ITALES SERVICE. ITALES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NO OPINION, ADVICE OR STATEMENT OF ITALES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ITALES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
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iTales designated agent is John Carpenter, Esq.
Reed Smith, LLP 2 Embarcadero Center Suite 2000 San Francisco, CA 94111.
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