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Totical.com Terms and Conditions

General Terms and Conditions

YOU MAY NOT REGISTER FOR AN ACCOUNT WITH TOTICAL.COM UNLESS YOU ARE AT LEAST 13 YEARS OLD.

Please read this page carefully. These are the rules that govern the social network known as totical.com. By using totical.com, you agree to the rules and obligations we describe in these "Terms of Service" (which we will call the "TOS"). We provide you with access to totical.com and the services that we and others provide to you through totical.com, in consideration of (in exchange for) your promise to observe these rules. We also provide you with access to totical.com in consideration of certain rights and permissions you provide to us, as described below, in connection with your becoming a totical.com "Member."

By using totical.com, you agree to the TOS, which may be updated by us from time to time without notice to you. In addition, when using particular totical.com owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which guidelines or rules also may be modified without prior notice from time to time.

TOTICAL.COM RESERVES THE RIGHT TO REMOVE ANY MEMBER FOR ANY OR NO REASON FROM THE TOTICAL NETWORK. YOU ACKNOWLEDGE AND AGREE THAT TOTICAL.COM MAY STORE REMOVED INFORMATION AT ITS SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT TOTICAL.COM SHALL HAVE A RIGHT TO DISPLAY PUBLIC INFORMATION OF REMOVED ACCOUNTS. YOU ACKNOWLEDGE AND AGREE THAT TOTICAL.COM IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED INFORMATION OR DATA.

REGISTRATION DATA AND CERTAIN OTHER INFORMATION ABOUT YOU IS SUBJECT TO OUR PRIVACY POLICY. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS OF THE PRIVACY POLICY.

1. We May Discontinue or Suspend Our Site or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole.

2. We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:

(a) Our site (including all text, photographs, graphics, recipes, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of Canada and worldwide copyright laws and treaty provisions, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.

(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you automatically grant (or warrant that the owner of such materials expressly grants) totical.com and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, store, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials and to use such content for promotional and marketing purposes. Such license will apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them on the totical.com website. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) use the services, software, information, data and other content (the "Services") on the huffingtonpost.ca site to harm minors in any way; (IV) impersonate any person or entity, including, but not limited to, any of our officials, or falsely state or otherwise misrepresent your affiliation with a person or entity; (V) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate; (VI) collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities or a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code; (VII) post advertisements or solicitations of business; or (VIII) collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth above.

You acknowledge that we do not pre-screen submissions, but that we reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to the totical.com we may authorize such content to be distributed or syndicated to or published on other totical Inc. sites.

Please be advised that our site uses services and products protected by one or more registered patents and patents pending.

3. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please click here.

4. Your Use of Our Content is Restricted:

(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make "fair use" of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of "fair use."

(b) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

5. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of our own. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, we are not undertaking any obligation or liability relating to the content. Totical Inc. and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Totical Inc. and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials at any time in our sole discretion.

6. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless totical Inc. and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.

7. Your Use of Our Site is Subject to Certain Disclaimers: OUR SITE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES

8. Our Liability to You is Limited: totical Inc. and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions), even if totical Inc. has been advised of the possibility of such damages. Any claim against us shall be limited to the amount you paid, if any, for use of the totical.com site.

9. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive an order issued by a court or from a law enforcement or government agency, we shall comply with such orders without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

10. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of any goods or services provided by third parties that may be linked to our site. Because we have no control over such goods and services, you acknowledge and agree that we are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such third parties. You further acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the totical.com site or any of the Services, including payment for and the delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings are solely between you and such third parties. You agree that we will not be responsible or liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.

11. Registration, Accounts and Passwords: Services made available on the totical.com site require registration. Should you choose to register for this site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current, and complete information about yourself as required by the Services' registration form (the "Registration Data"); (ii) maintain and update the Registration Data to keep it true, accurate, current and complete; and (iii) be responsible for all activities that occur under such registration or account. If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reason to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

12. Our Privacy Policy: Registration data and certain other information about you are subject to our Privacy Policy. For more information, please see our full Privacy Policy at http://www.totical.com/pages/privacy. You understand that though your use of the Services, you consent to the collection, use and disclosure of this information, as permitted by the Privacy Policy, including transfer of this information to the United States and/or other countries for storage, processing, and use by Totical Inc. and its affiliates in order to provide the Services to you.

13. Any Dispute Between Us Will be Governed by Quebec Law: These Terms and Conditions shall be governed by the laws of Canada and the Province of Quebec, applicable to agreements made and to be performed therein without regard to conflict of laws principles.

14. International Use: We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access this site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.

15. Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

16. Waiver and Severability of Terms: If we fail to exercise or enforce any right or provision of these Terms and Conditions, this shall not constitute waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intent of the provision in question, and the other provisions of these Terms and Conditions remain in full force and effect.

17. Further Assurances: You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as we may reasonably require from time to time for the purpose of giving effect to these Terms and Conditions, including regularly reviewing the Terms and Conditions and updating your registration information.

18. Language: The parties have agreed that this Agreement and all documents relating thereto be written in the English language. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

19. General: BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

20. DESCRIPTION OF SERVICE: Totical.com provides its members with access to a rich collection of resources, including various communications tools, forums, third-party promotional (advertising) campaign tools, networking services, events, attachments, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and other third party promotional materials, campaigns and tools (including without limitation cookies, flash cookies, beacons, and similar devices used by Totical.com or third parties), and that these advertisements, promotions and related activities are necessary and essential for Totical.com’s business and, therefore, for Totical.com to be able to continue to provide the Service to you and its other Members. You also understand and agree that the Service may include certain communications from Totical.com, such as service announcements, administrative messages, invitations to participate in promotional activities and a newsletter. Receiving these communications is a condition of your Totical.com membership, and you will not be able to opt out of receiving them.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including, but not limited to, the release of new Totical.com features, applications and promotional campaigns, shall be subject to the TOS. You acknowledge and agree that the Service is provided "AS-IS" and that Totical.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Member communications or personalization settings. You acknowledge and agree that you are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider or airtime charges). You agree that you are responsible for such fees, including but not limited to any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

21. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable state and/or federal laws of Canada. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Totical.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or otherwise violates the letter or spirit of the TOS, you acknowledge and agree that Totical.com may, in its sole discretion, suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Note also, that Totical.com reserves the right to suspend or terminate any Member or account for no reason. You acknowledge and agree that Totical.com is not liable for any information lost including but not limited to, images, friendship connections, etc.

23. MEMBER CONDUCT: You acknowledge and agree that all information, data, identifiers of you or others you identify as Friends, text, software, music, sound, photographs, graphics, artwork, video, images, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You acknowledge and agree that Totical.com is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Service. You acknowledge and agree that Totical.com does not control the Content posted via the Service and, as such, does not control the accuracy, integrity, quality or any aspect of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You acknowledge and agree that under no circumstances is Totical.com liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree not to use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity (includes thongs and topless females from the back), pornography, sexually explicit, weapons, violence, or drugs;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Totical.com official, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to or that would have the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Members' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law;
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. offer any contest, giveaway, or sweepstakes;
  14. "stalk" or otherwise harass another; or
  15. collect or store personal data about other Members.

24. SOME OF OUR RIGHTS CONCERNING CONTENT THAT YOU OR OTHER MEMBERS PROVIDE: You acknowledge and agree that Totical.com may or may not pre-screen Content, but that Totical.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen or screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Totical.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree and accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you may not rely on any Content created by Totical.com or submitted to Totical.com, including without limitation information in Totical.com Message Boards, and in all other parts of the Service.

You acknowledge and agree that Totical.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Totical.com, its Members and the public.

You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Totical.com and/or Content providers who provide Content to the Service. You shall not attempt to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Although Totical.com cannot monitor the conduct of its Members off the Web site or on the Web site, you acknowledge and agree that it is a violation of the TOS for you to use (or allow others to use) any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any Member or person without their prior written consent.

You agree that you are solely liable and responsible for your interactions with other Totical.com Members. Totical.com reserves the right, but has no obligation, to monitor disputes between you and other Members.  

25. SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Acknowledging the global nature of the Internet, you agree to comply with all local and industry rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

26.  OUR RIGHTS CONCERNING CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE: You acknowledge and agree that Totical.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Totical.com the following perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any promotional and commercial purposes by Totical.com and its affiliates or by third parties at Totical.com’s sole discretion. For the avoidance of doubt, Totical.com may continue to make available such Content on the network and Totical.com will continue to have the aforementioned rights even if your account is terminated.

With respect to Content you submit or make available for inclusion in areas only accessible by other Members as selected by you, you grant such other Members a perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any other purpose in connection with promotional campaigns run and made available by Totical.com at Totical.com’s sole discretion. For the avoidance of doubt and for illustration purposes, Totical.com may continue to make available such Content on the network for the stated purposes and Totical.com will continue to have the aforementioned rights even if your account is terminated.

You acknowledge and agree that Members whom you accept or designate as Friends will have access to some or all of your Content. You acknowledge and agree that in connection with the Service or Totical.com’s promotional and commercial activities, your Friends may cause some or all of your Content to be published to other Members or to third parties authorized by Totical.com to use or access Content.

For purposes of these TOS, "publicly accessible" areas of the Service are those areas of the MeetMe network of properties that are intended by Totical.com to be available to the general public. By way of example and not limitation, publicly accessible areas of the Service would include Totical.com Message Boards, profile, blogs, etc. However, publicly accessible areas of the Service would not include Totical.com services intended for private communication such as Private Messages, or areas off of the Totical.com network of properties such as portions of World Wide Web sites that are accessible through hypertext or other links but that are not hosted or served by Totical.com.

You acknowledge and agree that your feedback, comments and suggestions about Totical.com may be used without any obligation to compensate you for them. You further acknowledge and agree that your feedback, comments and suggestions are completely voluntary.

27. INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD TOTICAL.COM AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, TOTICAL.COM (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. YOU FURTHER AGREE TO INDEMNIFY AND HOLD TOTICAL.COM AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, TOTICAL.COM (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR USE OR TRANSMISSION OF OTHER MEMBERS. CONTENT IN CONNECTION WITH PROMOTIONAL TOOLS AND PROMOTIONAL CAMPAIGNS MADE AVAILABLE BY TOTICAL.COM.

28. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Totical.com user name), use of the Service, or access to the Service.

29. MODIFICATIONS TO SERVICE: Totical.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Totical.com is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.

30.  TERMINATION: You agree that Totical.com may, under certain circumstances and without prior notice, immediately terminate your Totical.com account, any associated other accounts, and access to the Service. Cause for such termination shall include, but is not limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your Totical.com account includes (a) removal of account access to all offerings within the Service available with a password, including but not limited to Private Messages and images that are password protected, (b) deletion of your password, and (c) barring further use of the Service. Further, you agree that all terminations may be made in Totical.com sole discretion and that Totical.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

31.  DEALINGS WITH ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Totical.com shall not be responsible or liable for any loss or damage of any sort caused or alleged to be caused by or in connection with any such dealings or as the result of the presence of such advertisers on the Service. By way of example only, you agree that Totical.com will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.

31. LINKS: The Service may provide, or third parties may provide, links to other websites or resources. Because Totical.com has no control over such sites and resources, you acknowledge and agree that Totical.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MeetMe shall not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

32. TOICAL.COM’s PROPRIETARY RIGHTS: You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Totical.com or an advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or advertisers. Content, in whole or in part.

Totical.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or attempt to transfer any Rights in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Totical.com for use in accessing the Service.

33.  DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTICAL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TOTICAL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS. COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOTICAL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

YOU ACKNOWLEDGE AND AGREE THAT TOTICAL.COM USES COMMERCIALLY REASONABLE EFFORTS TO PROTECT ITS MEMBERS, BUT THAT TOTICAL.COM DOES NOT GUARANTEE THAT THE USE OF THE SERVICE WILL BE SAFE OR SECURE.

34.  LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TOTICAL.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF TOTICAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

OTHER TOTICAL.COM MEMBERS, WITH WHOM YOU CHOOSE TO ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT AND COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST MEETME IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.

35.  EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

36.  NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries of this agreement.

37. NOTICE

Totical.com may provide you with notices, including those regarding changes to the TOS, either by email, regular mail, or postings on the Service.

38. TRADEMARK INFORMATION

Totical.com trademarks and service marks and other Totical.com logos and product and service names are trademarks of Totical Inc. Without Totical.com’s prior permission, you agree not to display or use, in any manner, the Totical.com Marks.

39.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Totical.com respects the intellectual property of others, and we ask our Members to do the same. Totical.com may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Members whom Totical.com believes are or may be infringers and, particularly, repeat infringers. Totical.com reserves the right to terminate or reclaim your account if Totical.com believes appropriate (for example, if Totical.com believes that your username infringes third party’s trademark rights). If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Totical.com’s Copyright Agent the following information:

By email:
Copyright Agent
Totical Inc.
copyright@totical.com

Totical.com will consider the information you provide and other information it may obtain. In its sole discretion, and notwithstanding the permissions you provided in these TOS, Totical.com may remove any Content that it finds may have infringed on your Rights.


Totical.com Recipe Section Terms and Conditions


Recipes or other content saved by a member will be public and viewable by all.


Proprietary Rights

I. Content
Totical.com or its affiliates or licensors solely and exclusively own all rights, title and interest in all web site materials, including, without limitation, the Totical.com logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”).

II. Website Usage
Other than as expressly permitted in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials on or available through the web site. When you use the website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You may display and print material from this Web site solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Totical.com, is strictly prohibited.

Other prohibited uses include:

i) Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the web site Content for any purpose without the express written permission of Totical.com. Notwithstanding the foregoing, Totical.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

ii) You may not use, frame or utilize framing techniques to enclose any Totical.com trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text, or the layout/design of any page or form contained on any page of the Web site, without Totical.com express written consent. Except as noted in these Terms of Use, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of Totical.com or any third party.

III. Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video,  comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Totical.com, either online or offline and whether or not solicited by Totical.com, you hereby grant to Totical.com an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.

You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Totical.com’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Totical.com to effect, perfect, and confirm the license granted to Totical.com to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of Totical.com and Totical.com is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by Totical.com, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant Totical.com the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.

IV. User Conduct
This Web site might include discussion forums or other interactive areas, including, but not limited to, message boards and chat rooms. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree not to use the Web site to do any of the following:

  1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Without Totical.com written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
  6. Harm minors in any way; or
  7. Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

V. Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Totical.com Video Section Terms of Service

I. General Use of the Service—Permissions and Restrictions

Totical.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without totical.com's prior written authorization, unless totical.com makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to use the Service for any of the following commercial uses unless you obtain Totical.com’s prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Totical.com appears on the same page and is of sufficient value to be the basis for such sales.
  4. Prohibited commercial uses do not include:
    • uploading an original video to Totical.com,
  5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Totical.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Totical.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Totical.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  6. In your use of the Service, you will comply with all applicable laws.
  7. Totical.com reserves the right to discontinue any aspect of the Service at any time.
II. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Totical.com, subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Totical.com on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Totical.com or the respective licensors of the Content. Totical.com and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Totical.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Totical.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless totical.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
III. Your Content and Conduct
  1. As a Totical.com account holder you may submit Content to the Service, including videos and user comments. You understand that Totical.com does not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Totical.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Totical.com, you hereby grant Totical.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Totical.com’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Totical.com may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Totical.com all of the license rights granted herein.
  5. Totical.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Totical.com expressly disclaims any and all liability in connection with Content. Totical.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Totical.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Totical.com reserves the right to remove Content without prior notice.
IV. Account Termination Policy
  1. Totical.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
  2. Totical.com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Totical.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
 
V. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTICAL.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TOTICAL.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. TOTICAL.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOTICAL.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

VI. Limitation of Liability

IN NO EVENT SHALL TOTICAL.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TOTICAL.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Totical.com from its facilities in Canada. Totical.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Totical.com Chat Room Terms of Service

The chat service available on or through this site (Totical.com) is provided to you on an “AS IS” basis subject to the provisions contained herein for your private personal use only. Any other use or attempt to use Totical.com for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or a third party is prohibited.

I. Prohibitions - You are not allowed to:

II. Risks Involved

You acknowledge that there are certain risks inherent to the use of Totical.com. These include, but are not limited to, disclosure of confidential information (including personal details), improper operation of Totical.com (i.e. failing to function correctly), and the risk that third parties directly or impersonating as totical.com staff members, official chat room/groups and/or another user, will contact you or attempt to contact you as a result of Totical.com’s provision of and/or your use of Totical.com. IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND TRY TO HARM YOU. THUS, IT IS IMPORTANT TO CAREFULLY CONSIDER BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK. Without limitations to the generality of the aforesaid statement, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, Totical.com as most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using Totical.com and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, “imposturing”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, trojans, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through Totical.com may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Totical.com is not different than other applications in this respect.

III. Information

It is every user’s responsibility to evaluate, bear the risk associated with, and determine the accuracy, completeness or usefulness of any Information received on or through Totical.com. Totical.com shall not be obligated to actively monitor the information users deliver or send and shall not be responsible for any information received on or through Totical.com.

IV. THE INFORMATION ON TOTICAL.COM MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING TOTICAL.COM, YOU UNDERTAKE FULL RESPONSIBILITY IN:

  1. DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS;
  2. DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU;
  3. COMPLYING WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER TOTICAL.COM.

V. Totical.com does not warrant or guarantee that:

VI. Warranty Disclaimer

YOU EXPRESSLY AGREE TO USE TOTICAL.COM SERVICES AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF TOTICAL.COM IS GIVEN OR ASSUMED BY TOTICAL.COM; ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. TOTICAL.COM MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; TOTICAL.COM MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION PROVIDED BY USERS NEITHER FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DISCLOSED BY USERS IS NOT REVIEWED, CONTROLLED OR EXAMINED BY TOTICAL.COM IN ANY WAY BEFORE IT APPEARS ON TEENCHAT.COM. TEENCHAT.COM DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).

VII. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOTICAL.COM SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF TOTICAL.COM EVEN IF TOTICAL.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU MUST DECLINE THIS AGREEMENT AND DISCONTINUE USE OF TOTICAL.COM SERVICES. In no event shall Totical.com be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.

VIII. Miscellaneous Provisions

Totical.com reserves the exclusive right and discretion to:

  1. Make improvements, corrections, adaptations, conversions and/or any other changes in Totical.com and to any part thereof and/or to a revised or new Terms of Use;
  2. Change, limit, terminate or cease to provide at any time, temporarily or permanently, Totical.com’S functionality or any part thereof, including but not limited to any channel, nickname or robot, to all users or any number thereof including without limitation, the access to Totical.com granted to you or to any other user, at any time, including but not limited while you are chatting or sending or delivering Information, without notice, for any reason or no reason;
  3. Nominate any person, who may not be a Totical.com employee to monitor, using his own discretion, any channel or chat room and to allow him to deny or terminate access granted to you or any other user, without notice, at any time, including while you are chatting or delivering or sending information.
  4. Cancel such nomination, at any time with or without reason;
  5. Refrain any user from publishing on this site and delete any information or material provided for display or sent or delivered from any user;
  6. Establish a new operating and usage policy for Totical.com and change it at any time with or without reason;

Totical.com Message Boards Terms of Service

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Totical.com are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Totical.com Services. Totical.com does not control the Content posted via the Totical.com Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Totical.com Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Totical.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Totical.com Services.

You agree to not use the Totical.com Services to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a Totical.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Totical.com Service;
    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Totical.com Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
    10. interfere with or disrupt the Totical.com Services or servers or networks connected to the Totical.com Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Totical.com Services, including using any device, software or routine to bypass our robot exclusion headers;
    11. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Totical.com may or may not pre-screen Content, but that Totical.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Totical.com Services. Without limiting the foregoing, Totical.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Totical.com or submitted to Totical.com, including without limitation information in Totical.com Message Boards and in all other parts of the Totical.com Services.

You acknowledge, consent and agree that Totical.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Yahoo!, its users and the public.

You understand that the Totical.com Services and software embodied within the Totical.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Totical.com and/or content providers who provide content to the Totical.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the Yahoo! Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Totical.com Services, in whole or in part, is strictly prohibited.

 

Totical Rewards Program Terms of Service

 

General Terms and Conditions

Totical Rewards is a loyalty reward program which is operated by Totical Inc. and totical.com. In accepting to join totical.com, you acknowledge that totical.com assumes no contractual or legal responsibility to you. The accumulation of totical reward points does not entitle members to any vested rights and, in accumulating totical reward points, members may not rely upon the continued availability of any award, award level, premium or other benefit. Totical.com specifically reserves the right to amend, alter, withdraw or terminate the Reward Program (in whole or in part), any program, benefit or award or these rules either with or without notice. Any such changes may affect the reward points which a member has already accumulated as well as any future accumulation of reward points.

In particular, you acknowledge as a condition of continued membership:

1.      Totical Reward Points have no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against totical.com;

2.      Totical.com rewards are personal and cannot be assigned, traded, willed or otherwise transferred (other than with the consent of Totical Inc. and in accordance with the Terms and Conditions of the Totical Rewards Program) and any assignment or transfer in violation of these rules will be void and may, at the discretion of Totical Inc, result in the loss of membership or the cancellation of the affected reward or total points accumulation, as the case may be;

3.      Totical Inc. assumes no liability to members whatsoever, including without limitation, liability by reason of the termination of or amendment to the Totical Rewards Program in whole or in part, the addition or deletion of reward partners with or without notice, changes in rewards available through Auctions or Buy It Now;

4.      Totical Inc. assumes no liability in respect to rewards redeemed and in particular shall have no responsibility for damaged items. You agree that Totical Inc. and any of its affiliates, subsidiaries or representatives are not responsible for, and you release us and them from any and all liability arising as a result of, any accident, loss, injury or damage caused by any rewards supplied or requested in connection with the Totical Rewards Program.

5.      The Totical Rewards Program is a privilege which can be revoked by totical.com at its discretion at any time and without compensation including without limitation, abuse by the member of any of the Terms and Conditions of the Totical Rewards Program or any other actions deemed by Totical Inc, acting in its sole discretion, to be deleterious to Totical Inc. the Totical Rewards Program or the interests of its partners;

6.      Totical Inc. shall be under no obligation to continue the Totical Rewards Program or to provide any notice of its termination;

7.      Totical.com and all companies affiliated with Totical Inc. will not be responsible for correspondence lost or delayed in the mail or otherwise.

8.      Each member shall be responsible for advising totical.com of any change of mailing or email address. Totical.com shall not be liable for misdirected communications such as mail or email, or any consequences thereof.

9.      Your account information may only be given to you or a person designated by you in writing as defined earlier or pursuant to a court order or request from a government agency holding legislative power to compel such disclosure.

10. Proper legal documentation will be required from all members requesting a name change.

11. Totical Inc. will be the final authority as to the interpretation of these Terms and Conditions.

12. The gift cards available at totical.com are subject to change. Totical Inc., owner of totical.com, makes no guarantee that the gift cards offered will remain the same or that a particular merchant will be available at all times. The user is subject to the limitations and rules of the merchant’s gift certificate(s) redeemed with their totical reward points. Totical Inc. is not responsible for any restrictions or terms and conditions of any merchant's gift certificate. Totical Inc. is not responsible for merchants that are no longer in business or that change their locations. The merchant locations listed at this site are listed as a guide only and Totical Inc. does not guarantee the accuracy of this information. Totcal Inc. does not assume responsibility or liability for the actions, product, or content of any merchant.

The Totical Rewards Program shall be governed by the laws of Quebec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Quebec and/or the Federal Court of Canada in Quebec, or any other judicial district or jurisdiction as Totical Inc. may determine in any and all actions, disputes, or controversies relating hereto. Any disputes regarding Totical Rewards Program or in any way arising out of totical membership, including Totical Reward Points accumulated or rewards claimed or received shall be submitted to the courts of Quebec whose courts shall have exclusive jurisdiction to hear such disputes.