Terms and Conditions
Welcome to International Tales
Welcome to International Tales
International Tales Inc. provides its service to you subject to the following
Terms and Conditions of Use Agreement. Please read this agreement carefully!
TERMS AND CONDITIONS OF USE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER")
AND INTERNATIONAL TALES INC. ("WE", "US", OR "INTERNATIONAL
TALES INC.") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR
USE OF THE INTERNATIONAL TALES INC. THIS AGREEMENT, TOGETHER WITH ALL UPDATES,
SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND
ALL OF INTERNATIONAL TALES INC.'S RULES AND POLICIES COLLECTIVELY CONSTITUTE
THIS "AGREEMENT" BETWEEN YOU AND INTERNATIONAL TALES INC. BY ACCESSING
THE WEB SITE OF INTERNATIONALTALES.COM AND USING ANY OF THE INTERNATIONAL TALES INC.
YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
of the International Tales Inc.
International Tales Inc. is the creator and provider of a service (the "International
Tales Inc.") that permits users to select proprietary audio consisting of
licensed and original audio content (collectively, the "International Tales
Inc. Content") through means including but not limited to (i) International
Tales Inc.'s Web site, Internationaltales.com, candlelighttales.com and such other or successor
domain names as may be operated, acquired, or used from time to time by
International Tales Inc. (collectively, "International Tales Inc. Site"),
(ii) wired and wireless connections, and (iii) telephony based networks; and to
playback such International Tales Inc. Content on a computer or International
Tales Inc. hardware device ("Device") using International Tales
Inc.'s proprietary International Tales Inc. Software application (or
other third party software application specifically approved by International
Tales Inc. that meets the then-current International Tales Inc.
specifications) and/or any other software the user accesses, downloads, or
otherwise receives for use in connection with the International Tales Inc.,
including but not limited to Beta (pre-release) versions thereof (collectively,
the "International Tales Inc. Software"). For certain business partners
and affiliates of International Tales Inc., the International Tales Inc. also
includes distribution of Devices and other goods, production services for the
creation of digital audio from text, audio, and video materials, and the
creation of private distribution channels for delivery of proprietary audio,
International Tales Inc. Content, and/or special aggregations or versions of
International Tales Inc. Content.
for Use of the International Tales Inc.
The International Tales Inc. is for individuals over 18 years of age who can
form legally binding contracts under applicable law. If you do not meet the
foregoing or other applicable requirements, you may not use the International
reference and made a part of this Agreement.
You agree to provide current, complete, and accurate information required to
complete your registration with the International Tales Inc. and at other points
as may be required in the course of using the International Tales Inc. (such
information will be referred to herein, collectively, as "Registration Data").
You further agree to maintain and update Registration Data as required to keep
it current, complete, and accurate. You shall not use a false or misleading name
or a name that you are not authorized to use. If any information you provide is
false, incomplete, or inaccurate, we may terminate your rights to any or all of
the International Tales Inc. If the information you provide is fraudulent, you
may also be subject to criminal and/or civil liability. You agree that we may
store and use Registration Data you provide (including credit card information)
for use in maintaining your accounts and billing International Tales Inc. fees
to your credit card.
Account, Password, and Security.
As a registered user of the International Tales Inc., you may receive or
establish one or more passwords and accounts ("International Tales Inc.
Account(s)"). You are solely responsible for maintaining the confidentiality
and security of your passwords and International Tales Inc. Accounts. You may
not divulge your password to anyone else or use anyone else's password or
International Tales Inc. Account. You are entirely responsible for all
activities that occur on or through your International Tales Inc. Account(s),
and you agree to notify us immediately about any unauthorized use of
International Tales Inc. Accounts or any breach of security. You agree that we
will not be responsible for any losses incurred in connection with any misuse of
passwords and you further agree that we will have no responsibility whatsoever
for your failure to comply with this Paragraph. Your breach of this Paragraph
may result in immediate termination of your International Tales Inc. Account(s),
and may also subject you to criminal or civil liability.
Cracking and Hacking.
You shall not violate or attempt to violate the security of the International
Tales Inc. Accordingly, you shall not: (i) access data or materials not
intended for you; (ii) log into a server or account which you are not authorized
to access; or (iii) attempt to probe, scan, or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization. Violations of system or network security may result in civil or
criminal liability. We reserve the right to investigate occurrences which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations. You
agree that it is your responsibility to install anti-virus software and related
protections against viruses, Trojan horses, worms, time bombs, cancelbots, or
other computer programming routines or engines that are intended to damage,
destroy, disrupt or otherwise impair a computer's functionality or operation
which may be transferred to your computer via the International Tales Inc.
International Tales Inc. Content License.
you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase")
International Tales Inc. Content from the International Tales Inc.,
International Tales Inc. grants you a limited, revocable, non-exclusive,
non-transferable license to download or stream such International Tales Inc.
Content to your computer and/or your Device(s) solely for your personal
non-commercial use. You shall not copy, reproduce, distribute, or use the
International Tales Inc. Content in any other manner. You shall not sell,
transfer, lease, modify, distribute, or publicly perform the International Tales
Inc. Content in any manner and you shall not exploit it commercially. Do not (A)
decompile, disassemble, or reverse engineer the International Tales Inc. Content
or attempt to do so; or (B) modify the International Tales Inc. Content or
create any derivative works therefrom. This license to the International Tales
Inc. Content you Purchase will continue for as long as your copy of
International Tales Inc. Content exists pursuant to and in accordance with the
terms and conditions of this Agreement.
International Tales Inc. grants you a limited, revocable, non-exclusive,
non-transferable license to access and make personal non-commercial use of the
International Tales Inc. Site and not to download (other than page caching) or
modify all or any portion of the International Tales Inc. Site. This license
does not include any resale or commercial use of the International Tales Inc.
Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the International Tales Inc. Site
or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. The International Tales Inc. Site and/or any
portion of the International Tales Inc. Site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without our express written consent. You shall not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of International Tales Inc., its
content providers, or its affiliates without express written consent. You shall
not use any Meta tags or any other "hidden text" utilizing our name or
trademarks without our express written consent. Any unauthorized use
automatically terminates the permissions and/or licenses granted by us to you.
You are granted a limited, revocable, non-exclusive, non-transferable right to
create a hyperlink to the home page of the International Tales Inc. Site so long
as the link does not portray us, our content providers, our affiliates, or our
products or services in a false, misleading, derogatory, or otherwise offensive
manner. You may not use any International Tales Inc. logo or other proprietary
graphic or trademark as part of the link without express written permission.
Except as expressly stated herein, no rights or licenses are granted hereunder.
International Tales Inc. Plans, Gift Certificates and Programs.
of your International Tales Inc. Plan.
cancel your subscription to particular International Tales Inc. Content ("Subscription")
or International Tales Inc. Listener Program Plan by contacting our
Customer Service Department via email at
email@example.com subject to the terms and conditions set forth
in our Policy plan.
The purchase of an International Tales.com Gift Certificate ("Gift
Certificate") is non-refundable and cannot be redeemed by the recipient for
cash. Gift Certificates may be used to purchase any International Tales Inc.
Content, International Tales Inc. Plan, Device and/or accessory. Gift
Certificates expire one (1) year from the date of purchase except in Nevada and
where prohibited by law.
Our Refer A Friend Program terms and conditions are incorporated herein by
reference and made a part of this Agreement.
Prices of all International Tales Inc. Content, including but not limited to
Subscriptions, are subject to change upon notice from us. Such notice may be
provided at any time by posting the changes to the International Tales Inc. Site
or the International Tales Inc.
The statement above does not apply to previously purchased plans.
You agree that you will pay in a timely fashion, and that we may charge your credit card for
any International Tales Inc. Content, Subscription, International Tales Inc.
Plan, Device, accessory, and for any additional amounts (including any taxes and
late fees, as applicable) as may be accrued by or in connection with your
International Tales Inc. Account(s) (collectively, "International Tales Inc.
Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL INTERNATIONAL
TALES INC. FEES AND FOR PROVIDING INTERNATIONAL TALES INC. WITH A VALID CREDIT
CARD FOR PAYMENT OF ALL INTERNATIONAL TALES INC. FEES. All International Tales
Inc. Fees will be billed to the credit card you designated during the
registration process. If you want to designate a different credit card or there
is a change in your credit card status, you must change your credit card
information online at the "My Account" section of the International Tales
Inc. Site or by contacting Customer Service at
firstname.lastname@example.org . (There may be a temporary disruption in the
ability to use the International Tales Inc. until International Tales Inc. can
verify the validity of the new credit card information.) You agree that
International Tales Inc. may use all legal means available to collect
International Tales Inc. Fees should our attempts to charge your credit card on
record fail for any reason. International Tales Inc. will charge you for any
collection agency and legal fees it pays while collecting International Tales
Inc. fees from you.
Signatures and Contracts.
Your use of the International Tales Inc. includes the ability to enter into
agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH
AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC
COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS
YOU CONSENT TO INTERNATIONAL
TALES INC. PROVIDING YOU ANY INFORMATION THAT INTERNATIONAL TALES INC. IS
REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS
("REQUIRED INFORMATION") IN ELECTRONIC FORM. INTERNATIONAL TALES INC. MAY
PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU
SPECIFIED IN YOUR INTERNATIONAL TALES INC. MEMBERSHIP SUBMISSION, (2) BY ACCESS
TO AN INTERNATIONAL TALES INC. WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL
NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO
AN INTERNATIONAL TALES INC. WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE
FOR SUCH PURPOSE. YOU MAY REQUEST A PAPER COPY OF ANY REQUIRED INFORMATION. YOU
MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS
BY CONTACTING US AT
email@example.com . INTERNATIONAL TALES INC. MUST RECEIVE YOUR
PAPER COPY REQUEST WITHIN 120 DAYS FROM THE DATE THAT INTERNATIONAL TALES INC.
FIRST PROVIDED THE REQUIRED INFORMATION TO YOU.
IN ORDER FOR YOU TO ACCESS AND
RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND
SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF
ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB
NOTWITHSTANDING YOUR CONSENT
AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN
ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY.
YOUR CONSENT TO ELECTRONIC
AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE INTERNATIONAL TALES INC.
YOU MAY WITHDRAW CONSENT BY SENDING INTERNATIONAL TALES INC. AN E-MAIL
CONTAINING INFORMATION UNIQUE TO YOU, INCLUDING YOUR ACCOUNT INFORMATION;
HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY
TO USE THE INTERNATIONAL TALES INC.
International Tales Inc. Content.
All International Tales Inc. Content will be delivered to the "My Account"
section of the International Tales Inc. Site.
of International Tales Inc. Content.
We will exercise reasonable efforts to provide the International Tales Inc.
Content in a timely manner. On occasion, technical or supplier problems may
delay or prevent delivery. You acknowledge and agree that availability of
International Tales Inc. Content that is not yet created at the time of
acceptance of this Agreement (such as time-dated programming) is subject to the
creation of such programs by the supplier. Your exclusive and sole remedy with
respect to International Tales Inc. Content that is not delivered within a
reasonable period will be replacement of such International Tales Inc. Content
with comparable programs or a pro rata extension of the applicable subscription
International Tales Inc. Content or other Materials.
Notwithstanding any other provision of this Agreement, we reserve the right to
remove or disable access to any International Tales Inc. Content or other
materials comprising a part of the International Tales Inc. that violate or
otherwise allegedly infringe on the copyright or other intellectual property or
proprietary rights of any person, company, or other entity. We will in no event
be liable for the good faith removal of or disabling of access to any such
International Tales Inc. Content or materials under this Agreement.
All copyrights in and to the International Tales Inc. materials, including but
not limited to the International Tales Inc. Site (including the compilation of
content, postings, links to other Internet resources and descriptions of those
resources), International Tales Inc. Content, Subscriptions, International Tales
Inc. Software, or any parts of or content within the International Tales Inc.
Site, International Tales Inc. Content, Subscriptions and International Tales
Inc. Software, are owned by International Tales Inc. and/or its suppliers and/or
licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND INTERNATIONAL
TALES INC. SOFTWARE ON OR IN CONNECTION WITH THE INTERNATIONAL TALES INC., SUCH
AS PRODUCTS THAT DOWNLOAD THE INTERNATIONAL TALES INC. SITE OR ANY OF THE PAGES
OF THE INTERNATIONAL TALES INC. SITE, IS STRICTLY PROHIBITED AND INFRINGES ON
THE COPYRIGHTS IN AND TO THE INTERNATIONAL TALES INC. MATERIALS. REPRODUCTION OR
USE OF THE INTERNATIONAL TALES INC. MATERIALS IN A MANNER OTHER THAN AS
SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL
PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Millennium Copyright Act.
We respect the intellectual property of others. If you believe that your
copyrighted materials have been copied in a way that constitutes copyright
infringement, please follow the procedure set forth in our
Millennium Copyright Act Notice Policy,
which is expressly incorporated herein by reference and made a part of this
International Tales Inc., Internationaltales.com, and other
International Tales Inc. trademarks, service marks, graphics and logos used in
connection with the International Tales Inc. are trademarks or registered
trademarks of International Tales Inc. in the U.S. and/or other countries. Other
trademarks, servicemarks, graphics, and logos used in connection with the
International Tales Inc. are the trademarks of their respective owners. You are
granted no right or license with respect to any of the aforedescribed trademarks
or service marks and any unauthorized use is strictly prohibited.
The International Tales Inc. is covered by U.S. Patent, however, no license to
these patents is required for your use of the International Tales Inc. in
accordance with this Agreement and no such license is granted.
By International Tales Inc.
If you fail, or we suspect that you have failed, to comply with any of the
provisions of this Agreement, including but not limited to failure to make
payment of International Tales Inc. Fees due, failure to provide International
Tales Inc. with a valid credit card or with accurate and complete Registration
Data, failure to safeguard your International Tales Inc. Account information and
password, or violation of the International Tales Inc. Content License or the
International Tales Inc. Site Access License or any license to International
Tales Inc. Software, International Tales Inc., at its sole discretion, may: (A)
terminate this Agreement and/or your International Tales Inc. Account and you
will remain liable for all amounts due under your International Tales Inc.
Account up to and including the date of termination; and/or (B) terminate the
International Tales Inc. Content License, the International Tales Inc. Site
Access License and/or licenses to International Tales Inc. Software; and/or (C)
preclude access to the International Tales Inc. (or any part thereof). We will
notify you if we take any of the foregoing actions.
of the Service.
We reserve the right to modify, suspend, or discontinue the International Tales
Inc. (or any part thereof) or any International Tales Inc. Content (or any part
thereof) at any time with or without notice to you, and we will not be liable to
you or to any third party should we exercise such rights. In the event that we
exercise such right, you may be entitled to a refund, in our sole discretion,
depending upon your International Tales Inc. Plan and the other Purchases you
have made from the International Tales Inc.
Compliance with Laws; Export Restrictions.
The International Tales Inc. is controlled and operated by us from our offices
within the United States. You agree to comply with all local, state, federal,
national, and international laws, statutes, ordinances, and regulations that apply
to your use of the International Tales Inc., including as they relate to export
or re-export into (or to a national or resident of) any country to which the
United States embargoes goods or to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Denial Orders.
Responsibility for Third Party Materials or Web sites.
Certain content, International Tales Inc.
products, and services available via the International Tales Inc. may include
materials from third parties. In addition, we may provide links to certain third
party Web sites. With respect to such material, we are a distributor, not a
publisher. You acknowledge and agree that we have little or no control over, and
are not responsible for examining or evaluating the content or accuracy of any
such third party material or Web sites. International Tales Inc. does not
warrant or endorse and does not assume and will not have any liability or
responsibility for any third party materials or Web sites, or for any other
materials, products, or services of third parties. Links to other Web sites are
provided solely as a convenience to you.
Except as expressly provided herein, the International Tales Inc. is provided
"AS IS" and "AS AVAILABLE". The International Tales Inc. is only warranted as
International Tales Inc. warrants that the media in which the International
Tales Inc. Content is provided (e.g., the CD-ROM or the file transmitted to you)
will be free from material defects on delivery. If you find a defect in
International Tales Inc. Content that you have received in a tangible medium
from International Tales Inc., or that you have downloaded or attempted to
download from the International Tales Inc. Site, your sole remedy (provided you
meet the registration, technical, and payment requirements for use of the
International Tales Inc.) is to email International Tales Inc. Customer Service
firstname.lastname@example.org and International Tales Inc. will consult with
you on proper downloading procedures and hardware requirements. If, thereafter,
you are still unable to download a working copy of International Tales Inc.
Content, you may attempt at a later time to download a new copy of the
International Tales Inc. Content.
International Tales Inc. warrants that the International Tales Inc. Content that
you license directly through the International Tales Inc. will be of a quality
suitable for human listening and will consist of the International Tales Inc.
Content that was offered via the International Tales Inc., if obtained pursuant
to International Tales Inc.'s instructions using equipment that is in good
operating condition and meets the specifications for the International Tales
Inc. as provided by International Tales Inc. In the event the International
Tales Inc. Content is incomplete or not as warranted above, International Tales
Inc. will provide you with replacement International Tales Inc. Content or a
credit on your International Tales Inc. Account for the defective material, as
determined by International Tales Inc. in its sole discretion, if you advise
International Tales Inc. of the defect within seven (7) days of first
downloading the material by email to
email@example.com or completing the customer service request
form available at the International Tales Inc. under “Contact Us”. You will
be asked to document the defect. A credit can be applied to the Purchase of the
same or other International Tales Inc. Content.
There is no warranty, express or implied, on the content, quality, or technical
compatibility of audio materials and information services downloaded through the
International Tales Inc. but not under the control of International Tales Inc.
The foregoing warranties do not cover defects caused by viruses, disabling
codes, accident, mishandling, misuse, improper installation, service or
maintenance, modification of the International Tales Inc. Software or
International Tales Inc. Content, or the media on which the International Tales
Inc. Software and International Tales Inc. Content are furnished, or the user's
lack of the necessary hardware/software.
NO INTERNATIONAL TALES INC. EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS
AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS
PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
ANY WARRANTY OF NON-INFRINGEMENT.
IN NO EVENT SHALL
INTERNATIONAL TALES INC. HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS,
RECORDS, OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS
OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED
BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO,
DOWNLOADING FROM, OR USE OF THE INTERNATIONAL TALES INC. IN NO EVENT SHALL
INTERNATIONAL TALES INC. HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE
OF PASSWORDS OR INTERNATIONAL TALES INC. ACCOUNTS, OR ARISING OUT OF ITS GOOD
FAITH REMOVAL OR DISABLING OF ANY INTERNATIONAL TALES INC. CONTENT. SUBJECT TO
THE AVAILABILITY OF THE INTERNATIONAL TALES INC. CONTENT AND INTERNATIONAL TALES
INC.'S LIMITED EXPRESS WARRANTY HEREIN, INTERNATIONAL TALES INC. IS NOT
RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR
RELIABILITY OF THE INTERNATIONAL TALES INC. CONTENT YOU DOWNLOAD OR OTHERWISE
ACCESS FROM OR THROUGH THE INTERNATIONAL TALES INC.
WITH RESPECT TO ANY CAUSE OF
ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT,
IN NO EVENT SHALL INTERNATIONAL TALES INC. OR ANY OF ITS SUPPLIERS OR LICENSORS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR
INABILITY TO USE INTERNATIONAL TALES INC. ACCOUNT(S), INTERNATIONAL TALES INC.
SOFTWARE, INTERNATIONAL TALES INC. CONTENT, OR THE INTERNATIONAL TALES INC., EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL
INTERNATIONAL TALES INC. BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION
WITH THE INTERNATIONAL TALES INC. (OR ANY PART THEREOF) IN EXCESS OF THE GREATER
OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE
TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250).
Some states do not allow the
exclusion of implied warranties or incidental or consequential damages, so the
above exclusion thereof may not apply to you. This Agreement gives you specific
legal rights, and you may also have other rights that vary from state to state.
You agree to indemnify and hold harmless International Tales Inc., its
affiliates, subsidiaries, shareholders, officers and directors, agents,
employees, and partners from any third party claim or demand, including
reasonable attorneys' fees for damages and/or costs due to or arising out of
your breach of this Agreement and/or your use of the International Tales Inc.,
International Tales Inc. Software, Devices and/or the International Tales Inc.
This Agreement will be exclusively governed by the laws of the State of Nevada
without regard to its principles on the conflicts of laws.
Any controversy or claim arising out of or relating to this Agreement or its
breach, with the exception of injunctive relief sought by International Tales
Inc. for any violation of International Tales Inc.'s intellectual property or
other proprietary rights or of the licenses granted pursuant to this Agreement,
will be settled by arbitration in accordance with the then-current Commercial
Arbitration Rules of the American Arbitration Association, if you are domiciled
outside the United States, then the dispute will be resolved by arbitration
under the then-current International Arbitration Rules of the American
Arbitration Association. The location of the arbitration shall be Las Vegas,
We reserve the right, at any time and from time to time, to update, revise,
supplement and to otherwise modify this Agreement and to impose new or
additional rules, policies, terms, or conditions on your use of the International
Tales Inc. Such updates, revisions, supplements, modifications and additional
rules, policies, terms and conditions (collectively referred to in this
Agreement as "Additional Terms") will be effective immediately and
incorporated into this Agreement upon notice thereof, which may be given by any
reasonable means, including by posting to the International Tales Inc. Site. Your
continued use of the International Tales Inc. Site following such notice will be
deemed to conclusively indicate your acceptance of any and all such Additional
Terms. All Additional Terms are hereby incorporated into this Agreement by this
This Agreement constitutes the entire agreement between you and International
Tales Inc., and supersedes any prior agreements between you and International
Tales Inc., written or oral, with respect to the subject matter herein. Any
additional or different terms in any order or written communications from you
are void. In the event of a direct conflict between the terms of this Agreement
and: (A) other terms and conditions that may be applicable to the International
Tales Inc. generally, the terms of this Agreement will control with respect to
International Tales Inc., Refer A Friend Program Terms and
Conditions, Additional Terms, Software Licenses or Digital Millennium Copyright
Notice, the terms and conditions of such statement, document, license, or policy
will control with respect to the subject matter thereof. In the event of a
direct conflict between the terms of this Agreement, including but not limited
to the statements, documents, and policies incorporated by reference into this
Agreement, and the terms and conditions of a particular marketing promotion or
offer, the terms of such particular marketing promotion or offer shall control
with respect to the such marketing promotion or offer. The failure of
International Tales Inc. to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the other provisions will remain in full force and effect.
International Tales Inc. will not be responsible for failures to fulfill any
obligations due to causes beyond its control. Headings are for convenience only
and will not be used to alter the meaning of any provision. You shall not bring
a legal action under this Agreement more than two (2) years after the cause of
action arose. All notices and demands required to be given to International
Tales Inc. hereunder shall be in writing and shall be served by personal
service, nationally recognized overnight courier service, or by certified mail,
and shall be effective on the date received as evidenced by proof of receipt, if
International Tales Inc.
2620 Regatta Drive Suite 102
Las Vegas, NV 89128