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Tails Untold® Terms of Use.
 

TOTTI TALES LLC, the owner and operator of tailsuntold.com (referred to herein as "Tails Untold®"), makes this web site available to users, subject to the following Terms of Use. By visiting the Tails Untold® web site, you represent and warrant you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Use.


Changes

We reserve the right, in our sole discretion, to change, modify, or otherwise alter these Terms of Use at any time. Any modifications shall become effective immediately upon the posting thereof. We encourage you to check the date of our Terms of Use whenever you visit our web site to check if these Terms of Use have been updated. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the web site, our products, and services. Your continued use of the web site following the posting of modifications will constitute your acceptance of the revised Terms of Use.


Use of Web Site

You may use this site and its content solely for informational, personal, non-commercial purposes.

You may not use our web site, products, or services in any way that violates applicable federal, state, or international law, or for any unlawful purpose.

When submitting information to us, you may not misrepresent your identity or impersonate any person, nor may you use the account, username, or password of another user at any time.


Submissions

You grant Tails Untold® an unrestricted, worldwide, perpetual, irrevocable, royalty-free license to display, use, modify, perform, reproduce, transmit, and distribute, and make derivative works of any content, photos, drawings, information submitted through our personal pet information form, and other pet-related information you provide Tails Untold® (collectively, "User Content") to provide our products to you. In addition, on occasion we may use drawings or photographs included in User Content to create generic content for future products (e.g., a generic version of a particular breed of pet). You grant Tails Untold® an unrestricted worldwide, perpetual, irrevocable, royalty-free license to create such generic versions from User Content and to display, use, reproduce, transmit, and distribute such versions in future Tails Untold® products for other customers.

When you provide User Content to us you represent and warrant (1) you have the unfettered right to do so and that you either own all right, title and interest in and to the User Content or have express permission from the owner thereof to copy and use the User Content for all purposes described in these Terms of Use, and (2) the User Content does not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others.


Intellectual Property

With the exception of User Content, all contents of the Tails Untold® site, products, and services, including but not limited to, designs, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Tails Untold® Content") are the exclusive property of Tails Untold® and/or Tails Untold®'s suppliers, affiliates, and licensors. Tails Untold® Content may not be reproduced, modified, displayed, performed, published, distributed, disseminated, broadcasted or circulated by you or to any third party, nor may derivative works be made from the Tails Untold® Content, without the express prior written consent of Tails Untold® and/or it suppliers, affiliates, or licensors. All rights reserved.

Tails Untold® and TOTTI TALES are the trademarks, service marks, and/or registered trademarks of Tails Untold®, and may not be copied, imitated, or used, in whole or in part, without Tails Untold®'s prior written permission. Other graphics, logos, service marks, trademarks and trade dress appearing on the site are the exclusive property of Tails Untold® or its licensors. Use of such property is prohibited without the express permission of the owner(s) thereof.


Additional Terms Pertaining to Products

Purchase

To purchase any products you must be 18 years old or over. You agree that any information you provide to us when ordering products and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.


Formation of a Binding Contract

No contract will exist between you and Tails Untold® for the supply of any products unless and until Tails Untold® accepts your order by a confirmatory e-mail or other appropriate means of communication.


Pricing and Product Information

All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage and shipping charges will be added to your order during the checkout process. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event you order products and the price published on the site was incorrect, Tails Untold® will contact you to let you know the correct price and ask you whether you still wish Tails Untold® to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only; Tails Untold® cannot guarantee delivery of a shipment on a specified date.


Right to Return

A return policy on personalized products is extremely difficult to provide, as each product is uniquely created for a specific family and pet and cannot be resold. It is our goal that all of our customers be happy and completely satisfied with our products as well as our service. Therefore we provide the following return policy to accommodate our customers as reasonably as possible. 

* * All returns must be processed within 30 days of purchase * * 

In the event that Tails Untold® makes a mistake, we will correct and replace the same book title with the corrected information at no charge or your money back, once we receive your originally purchased book and the corrected information.

Each book is a one-of-a-kind personalized book based on the information you have provided us. If incorrect information is provided to us, we cannot replace or refund at no charge. However, you may exchange the incorrect book at 10% off the original price plus shipping and handling. We will correct and resend your book, once we receive the original book back. No refund will be provided. 

If your book arrives damaged, contact us at 646-783-4659 or e-mail us at <a href="mailto:info@tailsuntold.com">info@tailsuntold.com</a> within 5 days of receiving your order. Once we receive the damaged product, a replacement will be made. We will only replace books if they are damaged from delivery, provided they are returned.  


Risk of Loss

The risk of loss and title for all products purchased from Tails Untold® passes to the customer upon delivery of the product to the carrier.


Notices and Procedure for Making Claims of Copyright Infringement

If you believe your work has been copied in a way that constitutes copyright infringement, please follow Tails Untold®'s Notice and Procedure for Making Claims of Copyright Infringement at www.tailsuntold.com.


Privacy

For information on Tails Untold®'s Privacy Policy, please visit www.tailsuntold.com.


No Implied Warranties; Limitation of Liability

TAILS UNTOLD® INTENDS FOR THE INFORMATION CONTAINED ON ITS SITE TO BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES MAY OCCUR. IN ADDITION, TAILS UNTOLD® MAY MAKE CHANGES AND IMPROVEMENTS TO THE INFORMATION PROVIDED HEREIN AT ANY TIME. HOWEVER, TAILS UNTOLD® MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TAILS UNTOLD® AND ALL INFORMATION, CONTENT, AND PRODUCTS PROVIDED BY TAILS UNTOLD® THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND TAILS UNTOLD® ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, CONTENT, OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

IN NO EVENT WILL TAILS UNTOLD® BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS THESE TERMS OF USE, OUR PRODUCTS, OR YOUR USE OF THE WEB SITE, EVEN IF TAILS UNTOLD® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES APPLIES WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST TAILS UNTOLD® WITH RESPECT TO THIS CONTRACT OR THE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.


Indemnification

You agree to indemnify, defend, and hold harmless Tails Untold®, its affiliates, suppliers, and licensors, and their respective officers, directors, employees, agents, and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the web site, a breach of these Terms of Use by you, or your violation of any law or the rights of a third party. Tails Untold® reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Tails Untold® in asserting any available defenses.


Termination

We may terminate or suspend your access to the web site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the web site stops immediately.


Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law principles. You expressly agree that exclusive jurisdiction for any claim or dispute with Tails Untold® or relating in any way to your use of the web site resides in the courts of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving Tails Untold® or its affiliates, subsidiaries, employees, contractors, officers, directors, or licensors.


Notice

You may notify us by e-mail at info@tailsuntold.com or by postal mail at:

TOTTI TALES LLC 332 Bleecker Street, Suite F13 New York, New York 10014


Miscellaneous

These Terms of Use, including all documents referenced herein, represent the entire understanding between you and Tails Untold® regarding the matters described in this document and supersede any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms.

Tails Untold® may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that mostclosely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

ANY CLAIM BY YOU RELATED TO THESE TERMS OF USE, OUR PRODUCTS, OR THE WEB SITE MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST AROSE. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS.

The failure of Tails Untold® to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.


Contact Us

Any questions about these Term of Use should be addressed to info@tailsuntold.com.

Tails Untold® is a Registered Trademark of Totti Tails LLC | Copyright | Privacy | Terms