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TERMS OF SERVICE
EFFECTIVE DATE: MAY 6, 2021
This is a legal agreement between the person (“Customer” or “you”) or organization (“TALRACE” or “We”, “Us”, “Our”). This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Statement of Rights and Responsibilities.
This Statement of Rights and Responsibilities ("Statement", "Terms", or "SRR") is our terms of service that governs our relationship with users and others who interact with TALRACE ®, as well as TALRACE ® brands, products, and services, which we call the “TALRACE ® Services” or “Services”.
Because TALRACE ® provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product, or service to the extent of the conflict.
| 1. Privacy
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use TALRACE ® Services to share with others and how we collect (or not collect) and can use your content and information. We encourage you to read the Data Policy (1.1. TALRACE ® Data Policy) and to use it to help you make informed decisions.
TALRACE ® Data Policy.
This policy describes what information we collect (or not collect) and how it is used and shared.
As you review our policy, keep in mind that it applies to all TALRACE® brands, products, and services that do not have a separate privacy policy or that link to this policy, which we call the “TALRACE ® Services” or “Services”.
What kinds of information do we collect?
We don't collect your private information while you are using Service Lock Box. All information is kept on your local databases.
Device information.
We don’t collect information from or about the computers, phones, or other devices where you install or access our Services.
Information from websites and apps that use our Services.
We don't collect information when you visit or use third-party websites and apps that use our Services.
Information from third-party partners.
We don’t receive information about you and your activities on and off Service Lock Box from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.
Provide, improve and develop Services.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
How will we notify you of changes to this policy?
We’ll notify you before we make changes to this policy and give you the opportunity to review and comment on the revised policy before continuing to use our Services.
| 2. Safety
We do our best to keep Service Lock Box safe, but we cannot guarantee it. We need your help to keep applications created by TALRACE ® safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Service Lock Box.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Service Lock Box.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence, or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating, or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use Service Lock Box safe to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Service Lock Box, such as a denial of service attack or interference with page rendering or other Service Lock Box functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
| 3. Amendments
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
Your continued use of the TALRACE® Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies, or guidelines.
| 4. Termination
If you violate the letter or spirit of this Statement or otherwise create risk or possible legal exposure for us, we can stop providing all or part of TALRACE® to you. We will notify you by email or the next time, you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 11.3, and 12-14.
| 5. Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or TALRACE® exclusively in the U.S. District Court for Utah or a state court located in Salt Lake County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Utah will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content, or information on Service Lock Box, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Service Lock Box and are not responsible for the content or information users transmit or share on Service Lock Box. We are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content or information you may encounter on Service Lock Box. We are not responsible for the conduct.
WE TRY TO KEEP SERVICE LOCK BOX UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SERVICE LOCK BOX AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SERVICE LOCK BOX WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT SERVICE LOCK BOX WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. SERVICE LOCK BOX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SERVICE LOCK BOX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
| 6. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with TALRACE® outside the United States:
You consent to have your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on TALRACE® Services (such as advertising or payments) or operate a Platform application or website. You will not use TALRACE® Services if you are prohibited from receiving products, services, or software originating from the United States.
| 7. Definitions
By "Service Lock Box ®" or ”TALRACE® Services” we mean the features and services we make available, including through (a) our website at www.TALRACE.com and any other TALRACE® branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. TALRACE® reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from TALRACE® or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with TALRACE®.
By "content" we mean anything you or other users post, provide, or share using TALRACE® Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Service Lock Box.
By "post" we mean post on TALRACE® or otherwise make available by using TALRACE®.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.
By “Trademarks” we mean the list of trademarks.
| 8. Other
This Statement is an agreement between you and TALRACE ®.
This Statement makes up the entire agreement between the parties regarding TALRACE ® and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third-party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing TALRACE ® Services.
By using or accessing TALRACE® Services, you agree with the terms of use of our services.