Terms and Conditions
The use of all TalmarItUp™ services and its various website services and its website is subject to the Terms of Service (TOS) – By accessing and using this website, you agree to be bound by these terms and conditions.
If you do not accept the terms and conditions of TalmarItUp™´s websites, you must discontinue using them. TalmarItUp™
OWNERSHIP OF MATERIAL, SOFTWARE LICENSES & INTELLECTUAL PROPERTY RIGHTS
All materials displayed or otherwise accessible through this website, including, without limitation, articles, text, photographs, images, illustrations, computer software and code, and the website, itself, are protected under International Copyright or other laws, and are owned by TalmarItUp™.
Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the Internet (including placing on another website), transmission, redistribution or other exploitation of this website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of TalmarItUp™.
All software embedded in or located on or at this website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by TalmarItUp™, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into this website, subject to:
* (i) the terms and conditions of this Agreement, and * (ii) any additional conditions which may be imposed on your access and use of such Software. If this website provides Software for download, unless otherwise provided, you are hereby granted, subject
* (i) to the terms of this Agreement and * (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non- networked computer for your personal, non-commercial use; and o (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not:
* (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; * (ii) sell, rent, lease, licence, trade, transfer or otherwise provide access to the Software; * (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or * (iv) disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in this website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into this or made available for download from this website, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into this website is provided as Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty
* (i) that the Software is of merchantable quality or is fit for any particular purpose; * (ii) that the Software will conform with any specification(s) relating to the Software; * (iii) that the Software will be free from material defects; * (iv) that the Software contains no computer viruses or other contaminants; or * (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
The website and all content are provided on an ‘as is’ basis. By accessing and using this website you acknowledge and agree that use of this website and the content is entirely at your own risk.
TalmarItUp™ makes no representations nor warranties regarding this website and the content, including, without limitation, no representation or warranty:
* (i) that this website and/or content will be complete, accurate, reliable, suitable or timely;
* (ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through this website will be of merchantable quality or fit for a particular purpose; * iii) that the operation of this website will be uninterrupted or error free; * (iv) that defects or errors in this website will be corrected;
* (v) that this website will be free from viruses or harmful components; and * (vi) that communications to or from this website will be secure or not intercepted.
TalmarItUp™ often receives commissions from third party companies as ‘affiliate’ compensation. We also receive free products from time to time to review or make comment on. Notwithstanding TalmarItUp™ always delivers a true opinion of the product or service.
The information contained on this website is for information purposes only. It is not intended to provide accounting, legal, investment, financial, or other advice to you, and you should not rely upon the information to provide any such advice.
All information posted on this website is intended only as a basis for further discussion, enquiry and study.TalmarItUpl™ disclaims any liability for direct, indirect or consequential loss arising in connection with the use of the contents of this website or reliance on those contents by any person or organisation, whether in its original form or altered in some way by the user.
TalmarItUp™ gives no warranties nor does TalmarItUp™ make any representation in respect of the contents of this website. STalmarItUp™ advises users of this website to seek their own appropriate independent professional advice to matters raised in this website.
LIMITATION OF LIABILITY
(A) To the extent permitted by law TalmarItUp™ aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content is limited to the following, the choice of which is at TalmarItUp™’s sole discretion:
(i) In the case of goods any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(a) the supply of the services again; or (b) the payment of the cost of having the services supplied again.
(B) To the extent permitted by law TalmarItUp™ will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the website (or any other website) and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(C) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
TalmarItUp™ expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of this website or any advertiser or sponsor of the website. Under no circumstances shall TalmarItUp™ and its officers, directors, shareholders, employees, independent contractors, agents, licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from this website. If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to this website, you do so entirely at your own risk. You hereby release TalmarItUp™ and its officers, directors, shareholders, employees, independent contractors, agents, licensors and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through this website or by third parties through this website.
Links, Downloads, Features and Advertisements – this website contains links to third party websites. These links are provided solely as a convenience to you. We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against TalmarItUp™ or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that TalmarItUp™ or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo, or copyright symbol of TalmarItUp™ or any of our affiliates. TalmarItUp™ is not responsible for the content of any third party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation:
* (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; * (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or * (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While TalmarItUp™ encourages links to this website, it does not wish to be linked to or from any third-party website which:
* (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of TalmarItUp™ or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
* (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy, or which is protected by copyright, trademark or other proprietary rights. TalmarItUp™ reserves the right to prohibit or refuse to accept any link to this website, including, without limitation, any link which contains or makes available any content or information of the aforementioned nature, at any time. You agree to remove any link you may have to this website upon the request of TalmarItUp™.
GOVERNING LAW AND JURISDICTION
This Agreement and all matters arising from it shall be governed by and construed in accordance with US law and shall be subject to the exclusive jurisdiction of the US Courts.
You agree to indemnify, defend and hold harmless TalmarItUp™ and its officers, directors, shareholders, employees, independent contractors, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from:
(i) your breach of any of the terms and conditions of this Agreement;
(ii) your access, use or inability to access or use the TalmarItUp™ server, TalmarItUp™ websites or any TalmarItUp™ website content or other content to which the TalmarItUp™ website is or may be linked to from time to time;
(iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or linked to from the TalmarItUp™ website; and/or
(iv) your violation of any law or regulation.
REGISTRATION AND USE OF PASSWORDS
To access particular pages and features of this website, you may be asked to register with TalmarItUp™. You agree:
* (i) that TalmarItUp™ reserves the right to refuse registration access to any individual or organisation at any time * (ii) to provide true, accurate, current and complete information about yourself as prompted by any form provided by TalmarItUp™ and * (iii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete.
To access particular pages of this website, you may need to use a username and password, which you will receive through our website registration process. It is your responsibility to maintain the confidentiality of the password and account, and you are responsible for all activities that occur using your password or account. You agree to notify TalmarItUp™ immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. TalmarItUp™ cannot and will not be liable for any loss or damage arising from your failure or TalmarItUp™’s failure to protect your password or account information.
SECURITY OF INFORMATION ON THE INTERNET
You should note that information sent or received over the Internet is generally unsecure and TalmarItUp™ cannot and does not make any representation or warranty concerning security of any communication to or from this website or any representation or warranty regarding the interception by third parties of personal or other information.
We recognise the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using TalmarItUp™’s websites. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.
When you visit this website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Website use information collected on an aggregate basis as you and others browse our Website.
1. Personal Information You Choose to Provide
When you register for any of our products, services or newsletters you will provide us with information about yourself.
Credit Card Information
If you choose to avail of our services, you may need to give personal information and authorisation to obtain information from various credit services. For example, you may need to provide the following information: -Name -Mailing address -Email address -Credit card number -Name on credit card -Credit card billing address – Business and home phone number, etc.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customise our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.
Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.
Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us directly, or simply unsubscribing through the link provided on our newsletter.
What Are Cookies?
How Do We Use Information We Collect from Cookies?
IP addresses are used by your computer every time you’re connected to the Internet. Your IP address is a number that’s used by computers on the network to identify your computer. IP addresses are automatically collected by our Web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.
Sharing and Selling Information
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at: email@example.com
What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
What About Other Websites Linked to Our Website?
We are not responsible for the practices employed by Websites linked to or from our Website or the information or content contained therein. Often links to other Websites are provided solely as pointers to information on topics that may be useful to the users of our Website.
Our Commitment To Data Security:
Please note that your information will be stored and processed on our computers in Europe, the United States and/or other international countries as well. The laws on holding personal data in Europe and the United States may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
This site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.
Surveys & Contests
From time-to-time our website requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the usability and user satisfaction of this site.
A Special Note About Children
Children are not eligible to use our services unsupervised and we ask that children (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
Acquisition or Changes in Ownership
In the event that the website (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.