Terms of Use

1. Acceptance of Terms of Use and Amendments

Any use or access to this web site is subject to these Terms of Use, as amended from time to time, with or without notice. By using or accessing this web site, you are deemed to have accepted and agreed to be bound by these Terms, as amended from time to time, with or without notice. In addition, use of a particular service on or through this web site, also subjects the user to any rules or guidelines applicable to those services, which shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service

This web site and all services provided to you on and through this web site is on an "AS IS" basis. By using or accessing this web site, 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, nor liability, for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations

In order to use this web site, you must register on our site, and agree to provide truthful information as may be requested. You must also be at least the age of eighteen (18) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time. (All modifications, or amendments to the Terms of Use, shall be set forth at this site).

4. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password

You are responsible to maintain the confidentiality of your 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.

6. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, 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;

impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

collect or harvest any data about other users;

provide or use this web site and any Content or service in any commercial manner without our prior consent, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising;

provide any Content 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.

7. Submission of Content on this Web Site

By providing any Content to our web site:

you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;

you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the license set forth in this Section 7;

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 Content you provide at any time and for any reason, with or without notice.

8. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. 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, nor responsible in any manner, for any of your dealings or interaction with third parties.

9. Indemnification

You agree to indemnify and hold us harmless, as well as 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 provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. 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, AND OF ANY SPECIFIC LEVEL OF QUALITY. NOR DO WE WARRANT 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 LIABILITY TO US 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.

11. 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.

12. 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 web site, 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.

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 through our regular site contact form.

14. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site 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 web site is located.

15. Miscellaneous Information

In the event that this Terms of Use 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 Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use 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 web site 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 Use and upon such assignment, we shall be relieved of any further obligation hereunder.

 

DISCLAIMER/COMPLIANCE

AGREEMENT

The views, comments, opinions, statements, advice, information and other content expressed in materials appearing in TheTallyAwards.com, are strictly those of the authors and do not necessarily state or reflect those of The Tally Awards. This web site does not endorse or take responsibility for the accuracy or reliability of any view, comment or opinion, or the statements, advice, or information made on TheTallyAwards.com, by anyone other than an authorized employee spokesperson while acting in their official capacity. Under no circumstances shall The Tally Awards be liable for any loss or damage caused by a User's reliance on views, comments, opinions, statements, advice, information or other content obtained through this web site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any view, comment, opinion, statement, advice, information, or other content. Furthermore, the content of this web site containing information about public officials, candidates for public office, governmental agencies, election information and other information is supplied by third parties, for which The Tally Awards has no responsibility, nor liability. The Tally Awards cannot and does not guarantee the accuracy, completeness, or usefulness of any such content.

It is the sole responsibility of any and all persons and entities posting materials on TheTallyAwards.com, to comply with all applicable federal, state and local, laws, rules and regulations, including, as to any political content, that such content is in compliance with Florida Statute 106, et.seq. (2004). The Tally Awards shall have no responsibility, nor liability for determining or confirming content compliance with any political advertising laws, rules or regulations. By submitting material to TheTallyAwards.com, you are representing that you are the owner of such material, or are making your submission with the express consent of the owner.

Persons placing content on TheTallyAwards.com, are solely responsible for updating such content, maintaining compliance with the Terms of Use and this Disclaimer/Compliance Agreement, and controlling access to any passwords to access the content.

The Tally Awards has the right to remove all content upon violation of the Terms of Use, this Disclaimer/Compliance Agreement, or upon termination of the Contract. Furthermore, as to any political advertisements, such content shall be removed at midnight on the date of the final election applicable to such advertisement; defeat, removal or withdrawal of the candidate or issue which is the subject of the advertisement; non-payment; or, violation of the Terms of Use or this Agreement.

The posting of any content as to a particular political candidate, party, or issue, shall not preclude TheTallyAwards.com from posting content of any rival candidate, party, or contrary issue.

By posting content on this web site, or becoming a User, you shall be deemed to accept and agree to the terms and conditions set forth herein.