Last Updated 4/22/20
Acceptance of the Terms of Service with WiTag Inc. DBA Teleportal (“Teleportal,” “we,” “us,” “our”).
Thank you for using our products and services, including our websites, forums, social networks, applications, platforms, operating systems, and any other products or services that link to this policy (collectively, “Services”). By using or accessing our Services, you acknowledge that you have read and agree to be bound and abide by the following terms and conditions (“Terms”). Please read these Terms carefully and make sure you understand it before you use our Services. If you do not understand these Terms, or do not accept any part of it, then you must not use our Services.
Our Services may also be subject to additional agreements between you and Teleportal, such as end user license agreements and service level agreements, that will become part of your agreement with us if you use those Services.
Teleportal may update these Terms from time to time. When we make changes to these Terms, we will notify you by updating the last revised date at the top of these Terms. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.
The content on our Services includes 2D and 3D assets, animations, interactive features, videos, photos, graphics, text, audio, branding, software, metrics, and other material whether provided by you, Teleportal, or a third-party (collectively, “Content”).
Content is the responsibility of the person or entity that post, submit, publish, display, or transmit it to Teleportal, our Services and other users on or through our Services. Teleportal has the right but not the obligation to host, serve, monitor, edit or remove Content. If you see any Content that does not comply with these Terms, please report it to us via email at email@example.com or postal mail at the address listed at the bottom of these Terms.
All Content must comply with the following standards: it must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, or any form of “spam.”
You represent and warrant that you own or otherwise control all of the rights to Content that you post, submit, publish, display, or transmit through our Services and that the Content does not violate these Terms. You understand that Content may be copied by other Teleportal service users and discussed on and outside of our Services, and if you do not have the right to submit Content for such use, it may subject you to liability. Teleportal takes no responsibility and assumes no liability for any Content posted, submitted, published, displayed, or transmitted by you or any third party.
You retain ownership rights in your Content. However, all Content will be considered non-confidential and non-proprietary, and you grant Teleportal a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant other users of our Services a worldwide, non-exclusive, royalty-free license to access your Content through our Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of our Services. This license does not grant any rights or permissions for a user to make use of your Content independent of our Services.
When our Services require or include downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional Terms and agreements which provide a license, Teleportal gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Teleportal as part of our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Services as provided by Teleportal, in the manner permitted by these Terms. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Teleportal’s written permission.
Permissions and Restrictions
You may access and use our Services as long as you comply with these Terms and applicable law. The following restrictions apply to your use of our Services. You are not allowed to:
- Interfere or attempt to interfere with any part of our Services, including security-related features or features that limit the use of our Services or Content;
- Access our Services using any automated means such as robots, botnets or scrapers except in the case of public search engines;
- Collect or harvest any information that might identify another person, unless permitted by that person;
- Use our Services to distribute unsolicited promotional or commercial Content or any form of “spam;”
- Cause or encourage any inaccurate measurements of genuine user engagement with our Services;
- Misuse any reporting, flagging, complaint, dispute, or appeals process;
- Use or access our Services for any purpose that is illegal or beyond the scope of our Services’ intended use (in Teleportal’s sole judgment);
- Use our Services to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service);
- Use our Services to sell any advertising, sponsorships, or promotions placed on, around, or within our Services or Content;
- Sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from our Services or where Content from our Services is the primary basis for such sales.
Using our Services does not give you ownership of or rights to any aspect of our Services, including user names or any other Content posted by others or Teleportal.
Account Suspension and Termination
Teleportal has the right to suspend or terminate your access to all or part of our Services for any or no reason, including, without limitation, any violation of these Terms. Teleportal may exercise these rights at any time, without notice or liability to you or any third party.
Disclaimers and Limitation of Liability
Other than as expressly stated in these Terms or as required by law, our Services are provided “as is” and Teleportal does not make any specific commitments or warranties about our Services.
To the full extent permissible by law, Teleportal, its affiliates, officers, directors, employees and agents will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with these Terms or caused by:
- Errors, mistakes, or inaccuracies on our Services;
- Personal injury or property damage resulting from your use of our Services;
- Unauthorized access to use our Services;
- Interruption or cessation of our Services;
- Viruses or malicious code transmitted to or through our Services by any third party;
- Content submitted by a user or Teleportal, including your use of Content;
- The removal or unavailability of any Content.
You expressly agree that your use of our Services is at your sole risk. Teleportal’s total liability arising out of or in connection with these Terms will not exceed the total amounts you have paid to Teleportal under these Terms during the twelve months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. You and Teleportal agree that any cause of action arising out of or related to our Services must commence within one year after the cause of action accrues, otherwise, such cause of action is permanently barred.
To the full extent permissible by law, you agree to defend, indemnify and hold harmless Teleportal, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to our Services, your violation of any of these Terms, your violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Services.
You may link to publicly available portions of our Services in a way that is fair and does not damage or take advantage of our reputation. You must not establish a link in a way to suggest any form of association, approval, or endorsement by Teleportal. Our Services must not be framed on any other website or service, and we reserve the right to withdraw linking permission without notice. If our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the Contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to use our Services, unless their parent provided verifiable consent in accordance with applicable legal and regulatory obligations, such as the U.S. Children’s Online Privacy Protection Act (“COPPA”). If you are under 18, you represent that you have your parent or guardian’s permission to use our Services. Please have them read these Terms with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use our Services, you are subject to these Terms and responsible for your child’s activity on our Services.
If you are using our Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms.
If a particular Term is not enforceable for any reason, this will not affect any other Terms.
Any claims arising out of or relating to these Terms or our Services will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and Teleportal consent to personal jurisdiction in those courts.
Terms of Service Questions
If you have any questions or concerns about our Services or terms of service, please email us at firstname.lastname@example.org or send them to us via postal mail at the address listed below.