Terms of Use
TERMS OF USE
Your use of this website on which these terms reside (“Website”), and the features at this Website are subject to these Terms of Use (this “Agreement”), which is a legally binding agreement between you and Talianko Design Group (“Talianko”). Please read this Agreement carefully before using this Website. If you do not agree to the terms contained herein, then you may not use the Website. Your continued use of the Website is your acknowledgment that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. This includes, but is not limited to, damage and remedy exclusions and limitations, conducting a transaction electronically and accepting the disclaimer of warranties, binding arbitration, and a choice of California law. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Website.
Periodically Talianko may update this Website and this Agreement. Your use of this Website after Talianko posts changes to this Agreement constitutes your agreement to those changes effective immediately from the date of such changes. Talianko may, in its sole discretion, and at any time, discontinue any part of this Website, with or without notice, or may prevent your use of this Website without notice to you. You agree that you do not have any rights in this Website and Talianko will have no liability to you if this Website is discontinued or your ability to access the Website is terminated.
YOU MAY NOT USE THE WEBSITE FOR ANY UNLAWFUL PURPOSE OR ANY USE THAT IS PROHIBITED BY THE TERMS OF THIS AGREEMENT. YOUR ACCESS TO THE WEBSITE MAY BE TERMINATED IMMEDIATELY IN TALIANKO’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
Use of the Website
The following requirements apply to your use of the Website:
You will not use any electronic communication feature of the Website for any purpose that is unlawful, tortuous, defamatory, harmful, obscene, libelous, invasive of the privacy of another person, harassing, threatening, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as solely determined by Talianko.
You will not use the Website for any commercial purpose not expressly approved by Talianko in writing.
You will not email, post, upload, transmit, or otherwise communicate any promotional or advertising materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication, including but not limited to any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information.
You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not collect or store personal data about other users.
You will not email, upload, post, include in any messages or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of Talianko’s system or any third party’s computer. You also agree that you will not share or post any content that undermines the operation of the Website.
Binding Arbitration
You agree that any controversy or claim arising out of or relating to the Website, use of the Website, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein, or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Talianko, you will be responsible for your portion of the professional fees for the arbitrator’s services or any other JAMS fees. In the event that you are able to demonstrate that the costs of arbitration will be greater than the costs of litigation, Talianko will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, illegal, unenforceable, or conflicting provision were not contained herein. If, however, the portion that is deemed illegal, invalid, or unenforceable is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Talianko shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Communicating with Talianko
On certain areas of the Website you may be given the ability to contact Talianko by e-mail, for example, to sign up for services such as e-mail notifications and newsletters about Talianko products or services. The information that you provide to Talianko through the Website is governed by Talianko’s Privacy Policy.
By using the Website, you acknowledge and agree that any materials, ideas or other communications you transmit to Talianko in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, techniques, procedures, concepts, methods, systems, plans, designs, charts, or other materials you transmit to Talianko may be used by Talianko anywhere, anytime, and for any reason.
If you are a trademark or copyright owner and you believe that your rights have been violated by anything on this Website, please email us at Support@MyPocketDesigner.com.
Mobile Service, Internet, and Fees
The use of the Website on a mobile device requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive electronic communications related to the Website, including but not limited to, administrative messages, diagnostic data reports, service announcements, and Website Updates, from Talianko, your mobile carrier or third party service providers, all of which will be at your cost. DEPENDING ON YOUR WIRELESS MOBILE DATA PLAN, YOU MAY INCUR ADDITIONAL CHARGES FROM YOUR WIRELESS SERVICE PROVIDER FOR YOUR USE OF THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY ADDITIONAL CONNECTIVITY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE WEBSITE, INCLUDING BUT NOT LIMITED TO PAYMENT OF ALL ASSOCIATED THIRD PARTY FEES, INCLUDING FEES FOR INFORMATION SENT TO OR THROUGH THE WEBSITE.
The Website may not work with all computers, devices, browsers, or all mobile carriers. Talianko makes no representations that the Website will be compatible with or provided by all computers, browsers, devices, or mobile carriers. In the event that any person or entity charges fees for the Website, or charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Some functionality of the Website, including mobile payment and location based services and functionality may require the transmission of user information including but not limited to, user names and passwords, e-mail address, addresses, photos, financial information (such as credit card numbers), and/or GPS location. If the user uses such Website functionality, the user consents to the transmission of user information to Talianko and/or its agents and authorizes Talianko and/or its agents to record, process, and store such user information as necessary for the Website functionality and for purposes described in the Talianko Privacy Policy.
Transactions and Product Availability
Through the Website, you may be able to order and/or pay for Talianko or third-party products or services (collectively “Products or Services”). Your purchase of these Products or Services is subject to the terms of this Agreement, as well as any applicable Talianko policies. All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Website does not imply or warrant that these Products or Services will be available. Talianko reserves the right, without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you or on your behalf, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
ANY PRODUCTS OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
To be able to order and pay for such products or services, you must supply certain information regarding your transaction, including, but not limited to, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Talianko identification numbers, as well as shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Talianko and/or the any required third parties the right to provide and transmit such information for purposes of enabling the completion of transactions initiated by you or on your behalf. Talianko may require you or a third party to verify your information prior to the acknowledgment or completion of any transaction.
Accounts, Passwords, and Security
If the Website requires you to create an account or otherwise submit information, you must complete the specified process by providing Talianko with current, complete, and accurate information as requested by the applicable registration form. Any loss caused by your failure to maintain current, complete, and accurate registration data is your responsibility. If there is a registration process, you may be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, and all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Talianko immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Website. Talianko is not liable for any loss that you may incur as a result of someone else using your password or account. Talianko shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Website.
Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You agree that Talianko and Talianko’s third-party vendors may collect and use technical and usage data and related information, including without limitation technical information about your device, geolocation, date and time of Website access, system and application software, and peripherals, that is gathered periodically to, among other things, enable software updates, product support, and other services to you (if any) related to the Website. You grant Talianko the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Talianko believes you may be interested, including working with third parties who provide targeted advertising content.
Representations, Disclaimer of Warranties, and Limitations of Liability
Talianko and its officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Talianko Affiliates”) make no representation or warranty regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Website. Reference to any product, process, publication, or service of any third party by trade name, service mark, logo, domain name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Talianko or the Talianko Affiliates.
Talianko and the Talianko Affiliates are not responsible for any resulting damage to any user’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, defect, delay in operation, interruption, deletion, computer line failure, or any other technical problem or malfunction. Be aware that e-mail and other submissions over the Internet may not be secure and consider this before e-mailing Talianko or the Talianko Affiliates any information or posting information to the Website. Talianko and the Talianko Affiliates make no representation or warranty regarding the suitability, availability, functionality, performance, or operation of the Website. This Website may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.
THE WEBSITE (INCLUDING ALL WEBSITE UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TALIANKO AND THE TALIANKO AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE AND ITS CONTENT. TALIANKO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PROVIDED, PERFORMED, OR ENABLED BY OR THROUGH THE WEBSITE (INCLUDING ANY WEBSITE UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, (INCLUDING ANY WEBSITE UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE (INCLUDING ANY WEBSITE UPDATES) WILL BE CORRECTED. No oral or written information or advice given by Talianko or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Website prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT TALIANKO AND THE TALIANKO AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE WEBSITE, THE CONTENT, AND/OR ANY MESSAGES; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE WEBSITE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY TALIANKO, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS, OR INACTIONS OF WEBSITE USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH WEBSITE USERS, EVEN IF TALIANKO OR THE TALIANKO AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS.
THE WEBSITE MAY CONTAIN FACTS, OPINIONS, STATEMENTS, VIEWS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TALIANKO DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, STATEMENTS, VIEWS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, STATEMENTS, VIEWS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. TALIANKO OR THE TALIANKO AFFILIATES NOT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES. IN SUCH JURISDICITIONS, SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Links to Third-Party Sites and Services
The Website may provide connectivity or links to other third-party services, applications, websites, software, and other content from third-party providers such as social media partners and consumer financing. The Website may allow you to add/configure certain Third-Party Services to your device. Talianko has no control over, makes no representations or warranties about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on Talianko servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Talianko is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
Assignment
Talianko may assign this contract, in whole or in part, at any time without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Website. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Website by others using the device.
General
BY ACCESSING THIS WEBSITE, REGISTERING WITH THE WEBSITE, AND/OR ACCEPTING ANY INFORMATION FROM THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TALIANKO AND THE TALIANKO AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LIABILITIES, LOSSES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE WEBSITE OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE WEBSITE; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN TALIANKO’S DEFENSE OF ANY CLAIM. TALIANKO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF TALIANKO.
This Agreement and any subsequent amendments thereto constitute the entire agreement between you and Talianko governing your use of the Website, superseding any prior agreements between you and Talianko relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Website. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. The failure of Talianko to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
By using the Website, you agree that the statutes and laws of the United States and the State of California, without regard to conflicts of laws principles, will apply to all matters relating to use of the Website and the Services, and you agree that any litigation not subject to the binding arbitration provision provided herein shall be subject to the exclusive jurisdiction of the state or federal courts in California. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE AND/OR THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
You acknowledge and agree that your use of the Website may involve you providing an “electronic signature” indicating your desire to use the Website. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact Talianko at 626-836-2935 to change your communication preferences.
In the event of a complaint or concern regarding this Agreement or the Website, or for more information, please contact Talianko at 626-836-2935 or at the following address: 7 Camino Alenza, San Clemente, CA 92673.
Both you and Talianko acknowledge and agree that no partnership is formed and neither of you nor Talianko has the power or the authority to obligate or bind the other. The Website may provide you with the ability to provide personally identifiable information. Please read Talianko’s Privacy Policy for more information about Talianko’s information collection and use practices. The failure of Talianko to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, territorial, or local governmental authorities, or for any other reason beyond the reasonable control of Talianko, shall not be deemed a breach of this Agreement.
If this Agreement or your permission to use the Website is terminated by Talianko for any reason, the terms of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this Website and anything relating to or arising from such use. If you are dissatisfied with this Website or with this Agreement or the Privacy Policy, then your sole and exclusive remedy is to discontinue using this Website.