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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. CONTENT, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1.            Definition 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.

2.            Requirements 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 Tales Inc.

3.            Privacy. International Tales Inc.'s Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.

4.            Your Information. 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.

5.            User Account, Password, and Security.

a.                                     Account and Password. 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.

b.                                     Security, 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.

6.            Grants of Licenses

a.                                     International Tales Inc. Content License. When 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.

b.                                     Site Access License. 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.

c.                                     No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.

7.            International Tales Inc. Plans, Gift Certificates and Programs.

a.                                     Cancellation of your International Tales Inc. Plan. You may 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 admin@internationaltales.com  subject to the terms and conditions set forth in our Policy plan.

b.                                     Internationaltales.com Gift Certificates. 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.

c.                                     Refer A Friend Program. Our Refer A Friend Program terms and conditions are incorporated herein by reference and made a part of this Agreement.

8.            Right to Change Prices. 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.

9.            Agreement to Pay. 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 admin@internationatales.com . (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.

10.       Electronic 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 SITE.

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 admin@internationaltales.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 PAGES.

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.

11.       Delivery of International Tales Inc. Content. All International Tales Inc. Content will be delivered to the "My Account" section of the International Tales Inc. Site.

12.       Availability 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 period.

13.       Intellectual Property.

a.                                     Removal of 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.

b.                                     Copyrights. 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.

c.                                     Digital 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 Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.

d.                                     Trademarks. 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.

e.                                     Patents. 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.

14.       Termination.

a.                                     Termination 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.

b.                                     Termination 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.

15.       General 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.

16.       No Responsibility for Third Party Materials or Web sites. Certain content, International Tales Inc. Content, 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.

17.       Limited Express Warranty. Except as expressly provided herein, the International Tales Inc. is provided "AS IS" and "AS AVAILABLE". The International Tales Inc. is only warranted as stated below:

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 at admin@internationaltales.com  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 admin@internationaltales.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.

18.       Limitation on Liability.

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.

19.       Indemnity. 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. Content.

20.       Governing Law. This Agreement will be exclusively governed by the laws of the State of Nevada without regard to its principles on the conflicts of laws.

21.       Arbitration. 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, USA.

22.       Changes. 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 reference.

Miscellaneous. 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 the subject matter of this Agreement; and (B) the Privacy Policy, Policy on 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 delivered to:

 

International Tales Inc.

2620 Regatta Drive Suite 102

Las Vegas, NV 89128

 

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All contents, text and graphics are property of International Tales Inc. © Copyright 2005 - All Rights Reserved