PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
BEFORE USING THIS APP.
All users of this APP agree that access to and use of this APP is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this APP.
Pesonal Information: Among the types of Personal Data that this Application collects, by itself or through third parties, are: geographic position, Cookies and Usage Data. Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide its services. Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
Copyright The entire content included in this APP, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Talgrace Marketing & Media LLC. The collective work includes works that are licensed to Talgrace Marketing & Media LLC. Talgrace Marketing & Media LLC ALL RIGHTS RESERVED. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this APP is strictly prohibited, unless authorized by Talgrace Marketing & Media LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the APP.
Trademarks All trademarks, service marks and trade names of Talgrace Marketing & Media LLC used in the APP are trademarks or registered trademarks of Talgrace Marketing & Media LLC.
Warranty Disclaimer This APP and the materials and products on this APP are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Talgrace Marketing & Media LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Talgrace Marketing & Media LLC does not represent or warrant that the functions contained in the APP will be uninterrupted or error-free, that the defects will be corrected, or that this APP or the server that makes the APP available are free of viruses or other harmful components. Talgrace Marketing & Media LLC does not make any warrantees or representations regarding the use of the materials in this APP in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability Talgrace Marketing & Media LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this APP, or the performance of the services and products.
Notice Talgrace marketing & Media LLC may deliver notice to you by means of e-mail, a general notice on the APP, or by any other reliable method to the address you have provided.
Miscellaneous Your use of this APP shall be governed in all respects by the laws of the state of Kentucky, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this APP (including but not limited to the purchase of Talgrace Marketing & Media LLC products or services) shall be in the state or federal courts located in Jefferson County, Kentucky. Talgrace Marketing & Media LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Talgrace Marketing & Media LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of APP Harassment in any manner or form on the APP, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Talgrace Marketing & Media LLC or other licensed employee, host, or representative, as well as other members or visitors on the APP is prohibited. You may not upload to, distribute, or otherwise publish through the APP any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the APP or use the APP to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer Talgrace Marketing & Media LLC does not and cannot review all communications and materials posted to or created by users accessing the APP, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the APP, Talgrace Marketing & Media LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the APP. However, Talgrace Marketing & Media LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Talgrace Marketing & Media LLC in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless Talgrace Marketing & Media LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the APP using your Internet account.
Third-Party Links In an attempt to provide increased value to our visitors, Talgrace Marketing & Media LLC may link to APPs operated by third parties. However, even if the third party is affiliated with Talgrace Marketing & Media LLC, Talgrace Marketing & Media LLC has no control over these linked APPs, all of which have separate privacy and data collection practices, independent of Talgrace Marketing & Media LLC. These linked APPs are only for your convenience and therefore you access them at your own risk. Nonetheless, Talgrace Marketing & Media LLC seeks to protect the integrity of its web APP and the links placed upon it and therefore requests any feedback on not only its own APP, but for APPs it links to as well (including if a specific link does not work).
DRB rev. April 14th 2017