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TOTELY TERMS OF SERVICE AND PRIVACY POLICY

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.
 
TOTELY TERMS OF USE
The Terms of Use govern your access to and use of the Totely Services and is set forth in this legally binding agreement between you and Totely,

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE TOTELY SERVICES OR REGISTERING WITH TOTELY, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE TOTELY SOFTWARE, THE TOTELY SITE OR 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.
 
Registration
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.

These Terms of Use do not authorize you to reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of applicable copyright law, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

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: hello@totely.net
 
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE TOTELY SERVICES, AND THIRD PARTY MATERIALS THEREIN REMAINS WITH YOU. NEITHER TOTELY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TOTELY SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE TOTELY SITE, TOTELY SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOTELY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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.
 
Disclaimers
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.
 
Privacy
Our mobile applications are designed to utilize your mobile device's camera, photo library, and stored files to offer their services effectively. Users have the option to disable the applications' access to this data by adjusting their mobile device settings at any time. The data stored on the mobile device will be employed exclusively within the mobile application's framework and will also be transferred to and linked with the user's account on our respective services. In this scenario, the data will be securely stored on our servers.

 

By using the Totely Services you are subject to Totely’s Privacy Policy located at https://app.totely.net/terms-of-service and made part of these Terms of Use. The Privacy Policy provides information and notices concerning Totely’s collection and use of your personal information. If you have any questions about the Totely Privacy Policy, you may contact Totely at hello@totely.net
 
Ownership
The Totely Services are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Totely and its licensors exclusively own all right, title and interest in and to the Totely Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Totely Services.

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.
 
License
License Grant. Subject to your compliance with the terms and conditions of these Terms of Use, Totely grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Totely Application onto any authorized device you own and control, and run such copy of the Totely Application solely for your personal, non-commercial use. Furthermore, with respect to Totely Application for iOS, you may only use the Totely Application provided by the iTunes Store as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Totely reserves all rights in the Totely Application not expressly granted to you in these Terms of Use.

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

Restrictions. Except as expressly specified in these Terms of Use, you may not (a) copy or modify the Totely Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Totely Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Totely Application to any third party; or (c) make the functionality of the Totely Application available to multiple users through any means, including but not limited to distribution of the Totely Application or by uploading the Totely Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The Totely Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Totely Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You must comply with any technical restrictions in the Totely Application that allow you to use the Totely Application only in certain ways.

The Totely Application are "commercial items", as that is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in FAR 12.212 and DFARS 227.7202. Consistent with FAR 12.212 or DFARS 227.7202, as applicable, the Licensed Software and related documentation are licensed to U.S. Government end users as a commercial item, with only those rights as are granted to all other end users pursuant to the terms and conditions of this AgreementTerms of Use.

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.
 
General Prohibitions
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;

  • Use the Totely Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;

  • 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.


Totely will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. Totely may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

You acknowledge that Totely has no obligation to monitor your access to or use of the Totely, Services or to review or edit any the Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Totely reserves the right, at any time and without prior notice, to remove or disable access to any Totely Content, Third Party Materials, or other material, that Totely, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Totely Services.
 
Term and Termination
The license to the Totely Application granted under these Terms of Use remains in effect, unless earlier terminated by you or Totely in accordance with this provision. You may terminate the license at any time by destroying all copies of the Totely Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from Totely if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you agree to cease all use of the Totely Application and promptly delete and destroy all copies, full or partial, of the Totely Application.

Without limiting other remedies, Totely may at any time suspend or terminate your account, or refuse to provide you with access to the Totely Services. In addition, Totely may notify authorities or take any actions it deems appropriate, without notice to you, if Totely suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by Totely; or (b) engaged in actions relating to or in the course of using the Totely Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Totely users, Totely or any other third parties or the Totely Services.

Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

​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.

​After any termination, you understand and acknowledge that we will have no further obligation to provide the Totely Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Totely will not be liable to you or any third party for termination of the Totely Services or termination of your use of either.

​Any suspension, termination or cancellation will not affect your obligations to TOTELY under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.
 
Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between Totely and you regarding the Totely Services, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Totely and you regarding the Totely Services.
 
Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Totely’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Totely may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.
 
Notices
You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Totely Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Totely (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Totely Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.
 
General
The failure of Totely to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Totely. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and Totely as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting feedback to Totely, no confidential, fiduciary, contractually implied or other relationship is created between you and Totely other than pursuant to these Terms of Use.
 
Feedback
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.
 
Modification
Updates and Upgrades:. Totely is not obligated to maintain or support the Totely Application, to provide all or any specific content through the Totely Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that Totely may from time to time, in its sole discretion, issue updates or upgrades to the Totely Application, disable access to the Totely Application for any period of time or permanently, and may automatically update or upgrade the version of the Totely Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of the most recent Terms of Use will apply to all such updates or upgrades. Totely shall have no liability to you arising out of any unavailability of the Totely Application.
Totely reserves the right, in its sole discretion, to modify, discontinue or terminate the Totely Services or to modify these Terms of Use, at any time and without prior notice. By using or continuing to use the Totely Services and / or the Totely Application, you are agreeing to be bound by the most recent Terms of Use.  The most recent Terms of Use is found at the following address http://www.totely.net/terms-of-service.
 
Disclosure
The Totely Services hereunder are offered by Totely, LLC., located at 21701 Stevens Creek Blvd #311, Cupertino, CA 95015. You may contact us by sending correspondence to the foregoing address or by emailing us at hello@totely.net. If you require we shall have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

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