Effective Date: January 1, 2020
1. Users/COPPA (Children Online Privacy Protection Act). Individuals under the age of 18 are not eligible to use our Websites. Any user using, visiting, or browsing a Website is certifying that he/she is over the age of 18.
4. Limitations of Use/Code of Conduct. When using, visiting, or browsing our Websites, you agree to
a. comply with all applicable laws, rules and regulations, and
b. conduct yourself in an inappropriate manner at all times while using a Website.
When using, visiting, or browsing our Websites, you further agree not to
a. use the Websites for any inappropriate purpose,
b. provide false, inaccurate, or incomplete information,
c. post or submit to a Website any incomplete, false or inaccurate biographical information or information which is not your own,
d. share with a third party any login credentials to a Website,
e. solicit passwords or personally identifiable information from other users of a Website,
f. engage in any conduct that is offensive, indecent, or vulgar,
g. harass, incite harassment or advocate harassment of any group, company, or individual,
h. delete or alter any material posted by any other person or entity,
i. send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any other user of a Website, or contact any users that have specifically requested not to be contacted by you,
j. upload, post, e-mail or otherwise send or transmit 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 associated with the Websites,
k. violate any of the procedures, policies or regulations of networks connected to the Websites, the terms of which are incorporated herein,
m. take any action that imposes an unreasonable or disproportionately large load on a Website,
n. use any device to navigate or search a Website other than the tools available on the Website, generally available third party web browsers, or other tools approved by TraLaMa,
o. use any data mining, robots or similar data gathering or extraction methods,
p. violate or attempt to violate the security of a Website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
q. forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,
r. reverse engineer or decompile any parts of a Website,
v. access data not intended for you or logging into a server or account which you are not authorized to access,
w. post content that contains restricted or password-only access pages, or hidden pages or images,
x. attempt to interfere with another user’s use of the Service, host or network, including, without limitation, via means of submitting a virus to a Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”,
y. promote or endorse an illegal or unauthorized copy of another’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files,
z. use a Website for any unlawful purpose or any illegal activity, or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by TraLaMa in its sole discretion,
aa. engage in any conduct that would otherwise harm any of TraLaMa’s rights or interests in its Websites, services, or other property, or
bb. engage in any conduct that would otherwise harm anyone else’s rights or interests.
5. Sensitive Communications. Should you choose to contact TraLaMa electronically, you should be aware that information transmitted electronically cannot be guaranteed to be securely transmitted. TraLaMa assumes no responsibility for the loss of confidentiality for any information you transmit through the internet.
7. Links. Some of the hyperlinks on the Websites may lead to third-party websites. These links are provided solely as a convenience to users. If you use these links, you will leave our Website. These third-party websites are not controlled by, or affiliated with TraLaMa. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that TraLaMa is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of TraLaMa. In addition, other websites may link to our Websites. TraLaMa is not responsible for the content or privacy policies of these third-party websites.
8. Intellectual Property. The elements of TraLaMa’s Websites, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software (the “Content”) are protected by United States and international copyright, trademark, and trade dress. The compilation of the Content on the Websites is the exclusive property of TraLaMa. You do not acquire any right, title or interest in any Content by accessing or using the Websites. Any rights not expressly granted herein are reserved. Except as set forth below and provided for in a separate agreement between you and TraLaMa, the use of any Content available on a Website is strictly prohibited.
10. User-Submitted Information. You are responsible for any information, text, images, videos or other materials or content that you post on a Website or transmitted to us through a Website or otherwise (“User Content”). You agree, represent and warrant that any User Content you post on a Website or transmit to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Website any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
We do not want you to, and you should not, send any confidential or proprietary User Content to us unless specifically requested by us. Please note that any unsolicited User Content sent to us will be deemed not to be confidential or proprietary.
By submitting User Content, you grant to us (or warrant that the owner of such User Content has expressly granted to us) a royalty-free, perpetual, irrevocable and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such User Content; and (c) to use your name, likeness and/or other biographical information in any and all media and/or communications. You also agree that we are free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.
11. Secure User Accounts. Certain portions of our Websites are accessible only to users who have registered with the Websites and obtained login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to us.
You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Websites by emailing us at Info@TraLaMa.com.
We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of the Websites and your account, including, without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.
13. Third-Party Content. Any information, statements, opinions or other Content provided by third parties and made available on our Websites are those of the respective author(s) and not TraLaMa. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any information, statement, opinion or other Content on our Websites other than from an authorized TraLaMa representative acting in his or her official capacity. Under no circumstance will we be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.
15. Disclaimer TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY TRALAMA IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRALAMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRALAMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRALAMA DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THE SERVERS USED; OR ELECTRONIC COMMUNICATIONS SENT FROM TRALAMA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
17. Limitations on Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRALAMA AND EACH OF ITS OWNERS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, VENDORS, INSURERS, SUCCESSORS, AGENTS, ASSIGNEES, OR TRUSTEE IN BANKRUPTCY (COLLECTIVELY, “TRALAMA”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF A WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH A WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TRALAMA DOES NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND WE WILL HONOR THOSE RIGHTS ACCORDING TO APPLICABLE LAW.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TRALAMA SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
22. Waiver. No failure or delaying in exercising, on the part of either party, any right hereunder shall be considered a waiver thereof. No single or partial exercise of any right hereunder shall preclude further exercise of that or any other right hereunder.
2360 CityGate Drive
Columbus, Ohio 43219
TraLaMa does not guarantee that we will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.