The agreement governs all use of the service and any information, text, graphics, photographs, video, or materials uploaded, downloaded or appearing on the Services (“Content”). The Service is owned and operated by TotallyDot, Inc. (“TOTALLYDOT”). The service is offered subject to your (“User” or “You”) acceptance with modification of all of the terms and conditions contained herein. By using or accessing any part of the service, you agree to all of the terms and conditions contained herein. If you do not agree, do not use or access the service.
The service is available only to individuals over 14 years of age. You represent and warrant that if you are an individual, you are at least 18 years of age or if you are between the age of 14 and 18, you agree to have your parent or guardian review and accept this agreement on your behalf. User also certifies that User takes full responsibility for the selection and use of the service.
TOTALLYDOT reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Subject to User’s compliance with the terms and conditions of this Agreement, User shall have a limited, personal, nontransferable, non-sublicensable, non-exclusive license to use the Service during the term of this Agreement solely for the purpose of using the totallydot.com, totally.me or totally.us website, TOTALLYDOT developer services, TOTALLYDOT mobile services and any other features, content or applications offered from time to time by TOTALLYDOT in connection with the site. User shall not (i)use the Service on behalf of any third party or for any commercial purpose, or (ii) reverse assemble, reverse compile or reverse engineer the Service, or otherwise attempt to discover any Service source code or underlying proprietary information. TOTALLYDOT reserves the right to change, suspend, or discontinue the Service at any time for any reason.
* User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy of monitor any portion of the Service or any other content through or in connection with the Service. TOTALLYDOT reserves the right to bar such activity.
* User shall not attempt to gain unauthorized access to any portion or feature of the service, or any other systems or networks connected to the service or to TOTALLYDOT, or to any of the services offered on or through the service, by hacking, password “mining”, or any other illegitimate means.
* User shall not frame or mirror any part of the service without TOTALLYDOT’ express prior written consent.
* User shall not probe, scan or test the vulnerability of the service or any network connected to the service, nor breach the security or authentication measures on the service or any network connected to the service.
* User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the service or TOTALLYDOT’ systems or networks, or any systems or networks connected to the service or to TOTALLYDOT.
* User shall not use any device, software or routine to interfere with the proper working of the service.
* User shall not use the service to (a) post or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party or (b) to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the service, or express or imply that TOTALLYDOT endorses any statement you make.
TOTALLYDOT reserves the right to remove or refuse to distribute any content on the services, whether or not such content violates this agreement. TOTALLYDOT reserves the right to take any action regarding the content or services that TOTALLYDOT believes is necessary to(a) comply with applicable laws and regulations, (b) enforce this Agreement, (c) respond to support requests, and (d) protect the rights and property of users, TOTALLYDOT, and the public.
User acknowledges and agrees that User is responsible for all of the content that User posts, transmits or otherwise makes available through the services. TOTALLYDOT does not claim ownership of any content provided through the services by you. User hereby grants to TOTALLYDOT a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit any content provided by user through the services in any media format whether now known or later developed. User warrants, represents and agrees that user has the right to grant to TOTALLYDOT the rights set forth in this Agreement.
You are responsible for your use of the service, for any content you post to the services, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of the services and through third party services and websites. TOTALLYDOT does not endorse or guarantee the accuracy or reliability of any of the opinions expressed in the content available through the services. User will not be able to modify, amend or delete posts made on the TOTALLYDOT website.
4. THIRD PARTIES
TOTALLYDOT works with other third party content creators, aggregators, and distributors (“third party sites”) to create features and functionally for the services and for the third party sites. These Third Party sites are not under the supervision or control of TOTALLYDOT. When you provide your content through the services, your content may be provided to a Third Party site and such content may then be governed by such Third Party Site’s terms and conditions of use. By accepting this Agreement, User acknowledges and agrees that content that user provides through the services may become subject to a Third Party Site’s terms and conditions of use. TOTALLYDOT disclaims all liability, representations and warranties with respect to the content and functionality of any Third Party Sites. User expressly waives all rights and remedies against TOTALLYDOT arising in connection with Third Party Sites.
5. TOTALLYDOT’ RIGHTS
All right, title, interest in and to the service (excluding Content provided by users) is and will remain the exclusive property of TOTALLYDOT. The services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the TOTALLYDOT name or any other TOTALLYDOT trademarks, logos, domain names, or other brand features, except as expressly permitted in writing by TOTALLYDOT.
When User registers for the services, User will create a username and password for your account. You may be required or offered the opportunity to supply TOTALLYDOT with registration information for Third Party Sites you access through the service. User shall provide accurate and complete registration information. TOTALLYDOT reserves the right to refuse registration or cancel the registration of User at any time for any reason. User shall be responsible for maintaining the confidentiality of User’s password for use of the services.
User is responsible for all of its activity in connection with the service. User shall defend, indemnify, and hold harmless TOTALLYDOT and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) use or misuse of the services; (ii)access to any part of the service, or (iii) violation of this Agreement.
9. WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS,WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer or implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you as they relate to implied warranties.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL TOTALLYDOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR PARTNERS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT AVAILABLE THROUGH OR OTHERWISE IN CONNECTION WITH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TOTALLYDOT may terminate User’s access to all or any part of the service at any time, with or without cause, effective upon notice thereof to user (provided that, if TOTALLYDOT determines there may be an immediate threat to TOTALLYDOT, it may terminate such access without notice). Upon termination notice from TOTALLYDOT, User will no longer access (or attempt to access) the service. Sections 3, 4, 5, 8, 9, 10, 11,12 and 13 shall survive any expiration or termination of this Agreement.
12. 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 available from the services infringe your copyright, you (or your agent) may send TOTALLYDOT a notice requesting that TOTALLYDOT remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send TOTALLYDOT a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to firstname.lastname@example.org or TOTALLYDOT DMCA Agent.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If a provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by user except with TOTALLYDOT prior written consent. TOTALLYDOT may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreement, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind TOTALLYDOT in any respect whatsoever.