Terms of Use
INTRODUCTION
Welcome to Taumaco.com, a site operated by Taumaco, Inc. ("Taumaco"). Taumaco and any entities that control, are controlled by, or are affiliated with Taumaco are collectively referred to herein as "we," "us," or "our."
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. Your use of Taumaco.com signifies your agreement to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, you may not use Taumaco.com.
USE OF MATERIALS
We or our licensors own all content and materials on Taumaco.com, including, without limitation, all trademarks, service marks, trade names, trade dress, and copyrights. You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in connection with products or services that are not those of Taumaco, or in any manner that is likely to cause confusion among consumers, disparages or discredits us or our licensors, dilutes the strength of our or our licensors’ property, or otherwise infringes our or our licensors’ intellectual property rights.
REGISTRATION INFORMATION AND SECURITY
By using Taumaco.com, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself. If you have reason to believe that your account is no longer secure, it is your responsibility to notify us immediately.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
RULES
Without limiting the foregoing, you agree you will not:
Provide any false personal information in your posts.
Intimidate or harass any user.
Harvest, collect, or use addresses, phone numbers, email addresses, or other contact information of users of Taumaco.com.
Engage in any illegal, infringing, fraudulent, or malicious activities that could expose Taumaco.com or its users to harm or liability.
Attempt, facilitate, or encourage any of the above.
You agree not to violate or attempt to violate the security of Taumaco.com, including, without limitation:
Accessing data not intended for you or logging into a server or account that you are not authorized to access.
Attempting to probe, scan, or test the vulnerability of a system or network or breaching security or authentication measures without proper authorization.
Interfering with service to any user, host, or network, including, without limitation, submitting a virus, overloading, flooding, spamming, or crashing Taumaco.com.
Sending unsolicited email, including promotions and/or advertising of products or services.
Forging any TCP/IP packet header or any part of the header information in any email or posting.
Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or the security of Taumaco.com and may cooperate with law enforcement authorities in prosecuting users involved in such violations.
We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request.
PRIVACY POLICY
We are committed to protecting your privacy and security, and we have explained in detail the steps we take to do so in our Privacy Policy. By using Taumaco.com, you agree and consent to the terms of the Privacy Policy.
VIOLATIONS
Please report any violations of these Terms of Use to [email protected].
COMPLIANCE WITH LAW
We reserve the right to comply with any subpoena, order, or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the website in violation of the law. If deemed appropriate in our sole discretion, we reserve the right to preserve a record of any such information/data and turn all or a portion thereof over to law enforcement officials.
DISCLAIMER
THE INFORMATION, CONTENT, AND MATERIALS ON TAUMACO.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT TAUMACO.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TAUMACO.COM OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers, and suppliers, harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, TAUMACO.COM OR CONTENT, MATERIALS, OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF TAUMACO.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO TAUMACO.COM.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN TAUMACO.COM AND ANY WEBSITE, SERVICE, SOFTWARE, OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO TAUMACO.COM IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed, and that venue properly lies, only in state or federal courts located in [Your City/State], and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
CHANGES TO THE TERMS OF USE
If we make a material change to these Terms of Use, we will post a notice on Taumaco.com. Your use of Taumaco.com following any such notice will signify and constitute your assent to and acceptance of such revised Terms of Use.
GENERAL PROVISIONS
Your use of Taumaco.com signifies that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These Terms of Use shall be governed by and construed in accordance with the laws of the State of [Your State] and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.