Totely provides a platform for businesses and users to communicate with other users and businesses using messaging, voice, and video. Totely Services include software applications for mobile devices based upon Apple iOS, Google Android, and Microsoft Windows Phone (Totely App or Totely Application), and for browsers via the Totely Site. Totely Content (defined below); and any other services and content provided in connection with the Totely Application or the Totely Site, excluding any content from third-party sites. A User is a person who uses the Totely Services.
Eligibility and Access
The Totely Services are intended solely for persons who are 13 or older. Any access to or use of the Totely Services by anyone under 13 is expressly prohibited. By accessing or using the Totely Services, you represent and warrant that you are: 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Totely Services.
You can register with Totely, by completing the registration form available within the Totely App or from the Totely website. In order to register, you will need a valid phone number and email address that will be your login or username to access your account and to use the Totely Services and a confidential and personal password. Once registered, you can access content aggregated by Totely Services. Additionally, you agree to receive e-mail newsletters and other promotional material regarding Totely or its affiliates. You can unsubscribe from such e-mails at any time.
Third Party Materials and Agreements
You will access, review, display or use third party sites, including services, resources, products, content and information (“Third Party Materials”) via the Totely Services. By using the Totely Services to find and view Third Party Materials, you are directing Totely to present the Third Party Materials to you. If you are over 18 you are also directing Totely to enable other users to discover these Third Party Materials.
You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and Totely disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials via the Totely Services. Presentation of Third Party Materials via Totely Services does not imply any endorsement by Totely of Third Party Materials. You also acknowledge and agree that Totely: (a) is not responsible for the availability or accuracy of such Third Party Materials available from such third parties; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials; (c) does not undertake or assume any duty to monitor the Totely Services for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials from being provided by the Totely Services. Notwithstanding the foregoing, Totely reserves the right to block or remove any Third Party Materials at any time in Totely’s sole discretion.
Upon notification by a Third Party, that any Third Party Materials provided by Totely Services would undermine any of its rights, Totely will remove the content listed within 48 hours of request. This can be done by reporting the content to Totely at the following email address: firstname.lastname@example.org
Limitation of Liability
IN NO EVENT WILL TOTELY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE U.S. DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOTELY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TOTELY’S SERVICES, THIRD PARTY MATERIALS AND YOUR ACCOUNT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOTELY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TOTELY MAKES NO WARRANTY THAT THE TOTELY SERVICES, THIRD PARTY MATERIALS OR YOUR ACCOUNT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOTELY OR THROUGH TOTELY SERVICES OR YOUR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
All trademarks, service marks, logos, trade names and any other proprietary designations of Totely used herein are trademarks or registered trademarks of Totely. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Totely claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
Certain types of content are made available through the Totely Services. “Totely Content” means Totely proprietary content, including but not limited to, Totely trademarks and logos, and the specific arrangement of Third Party Materials including graphical user interface, look and feel made available through the Totely Services. Totely proprietary content specifically excludes Third Party Materials.
The copy of the Totely App is licensed, not sold, to you. You agree that Totely and its licensors own all right, title and interest in and to the Totely Application, including all intellectual property rights therein, and that Totely retains ownership of all copies of the Totely Application even after installation on your mobile device. The Totely Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Totely Application as delivered to you
Export Control. You may not use, export, re-export, import or transfer the Totely Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Totely Application, and any other applicable Laws. In particular, but without limitation, the Totely Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Totely Application, you represent and warrant that you are not located in any such country or on any such list. You also may not use the Totely Application for any purpose prohibited by U.S. law.
Copyrighted Materials: No Infringing Use
You may not use the Totely Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Totely has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Totely Site and Totely Services to users who repeatedly infringe or are believed to be infringing or are charged with repeatedly infringing the rights of copyright holders.
You agree not to do any of the following while using the Totely Services:
Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including but not limited to in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Use, display, mirror, frame or utilize framing techniques to enclose the Totely Services, or any individual element or materials within the Totely Services, Totely’s name, any Totely trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Totely’s express written consent;
Access, tamper with or use non-public areas of the Totely Site or Totely’s computer systems or the technical delivery systems of Totely's providers;
Attempt to probe, scan or test the vulnerability of any Totely system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Totely or any of Totely’s providers or any other third party (including another user) to protect the Totely;
Access or search the Totely Services or Totely Content through the use of any engine, software, tool, agent, device or mechanism other than the software provided by Totely or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Totely trademark, logo URL or product name without Totely’s express written consent;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Totely Services to send altered, deceptive or false source- identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Totely Services;
Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Totely Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Totely Site;
Collect or store any personally identifiable information from the Totely Services without their express permission;
Solicit login information or access an account belonging to someone else;
Use Totely Services to do anything misleading, malicious or discriminatory;
Impersonate or misrepresent your affiliation with any person or entity in connection with the Totely Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Term and Termination
UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING YOUR ACCOUNT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE TOTELY SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES. Following termination your account, we may retain data associated with your account for a commercially reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your account as required by law or for legitimate business purposes. Furthermore, Totely and its users may retain and continue to use, store and display any of your account that other users have stored or shared through Totely.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing support@totelynet. You acknowledge and agree that all Feedback will be the sole and exclusive property of Totely and you hereby irrevocably assign to Totely and agree to irrevocably assign to Totely all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein. At Totely’s request and expense, you will execute documents and take such further acts as Totely may reasonably request to assist Totely to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.