Terms of Use

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

THIS WEBSITE (“SITE”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Talking Race reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Talking Race grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Talking Race reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason.

WARRANTY DISCLAIMER

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

TALKING RACE, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Talking Race attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Talking Race so that it can be corrected. Information contained on the Site may be changed or updated without notice. In the event of inaccurate price or description of a product, Talking Race will contact the customer with accurate information and/or price difference if the product has been purchased.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Talking Race with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without Talking Race’s express prior written consent.

CONFIDENTIAL AND PROPRIETARY INFORMATION

Talking Race does not seek or want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Talking Race through the Site will be deemed NOT to be confidential. By sending Talking Race any information or material, you grant Talking Race an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Talking Race is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

YOUR USE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Talking Race reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Talking Race server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Talking Race.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Talking Race systems or networks, or any systems or networks connected to the Site or to Talking Race.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Talking Race on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Talking Race or others.

You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Talking Race reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

You may not post content that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene. Talking Race reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section.

You may not post content that attempts to buy and/or sell any item. Any such posts will be deleted. You may not post links to other retail sites that sell similar products. These posts will also be deleted.

You may not post content regarding or linking to any type of promotions, sales, or other offers from any company that provides similar services or sells similar products as those offered by Talking Race.

Talking Race does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.

“THREE STRIKE” POLICY

Talking Race may delete or remove (without notice) any user content and terminate access of any user to the Site in its sole discretion at any time, for any reason or no reason. In the event Talking Race deems user content to be in violation of the Terms of Use, but elects not to immediately terminate the user’s access to the Site, it may, but is not required to, notify the user of such violation. Upon the third violation, Talking Race shall terminate the user’s account and all content may be removed from public view, at the sole discretion of Talking Race.

Notwithstanding anything within this provision or these Terms of Use, Talking Race reserves the right to suspend or terminate any user’s account with or without notice to said user for any reason, at the sole discretion of Talking Race.

LINKS TO OTHER SITES AND TO THE TALKING RACE SITE

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Talking Race’s control, and Talking Race is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-Talking Race Website does not mean that Talking Race endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION

Product specifications, images, and other information made available on the Site have either been provided by the Vendors or collected from publicly available sources. While Talking Race makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Similarly, while Talking Race makes every effort to ensure that the images on this website are accurate, we can make no representations or warranties as to the accuracy or reliability of the images provided on this website.

Talking Race makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

VIOLATION OF THESE TERMS OF USE

Talking Race may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Talking Race’s rights or property, or the rights or property of visitors to or users of the Site, including Talking Race’s customers. Talking Race reserves the right at all times to disclose any information that Talking Race deems necessary to comply with any applicable law, regulation, legal process or governmental request. Talking Race also may disclose your information when Talking Race determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Talking Race may preserve any transmittal or communication by you with Talking Race through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Talking Race determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Talking Race, its employees, users of or visitors to the Site, and the public.

You agree that Talking Race may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Talking Race, for which monetary damages would be inadequate, and you consent to Talking Race obtaining any injunctive or equitable relief that Talking Race deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Talking Race may have at law or in equity.

If Talking Race does take any legal action against you as a result of your violation of these Terms of Use, Talking Race will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Talking Race. You agree that Talking Race will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.