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Terms and Conditions of Use Welcome to TheyCalled ("Service"), an online service of TheyCalled LLC. ("TC"). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS) and the TheyCalled LLC. The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY. Participation and Conduct During the term of this Agreement, TheyCalled grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may link to our site if you sell ads on your site or you charge a subscription fee to use or access your site, but URLs to which you link may change or become inactive at any time in our sole discretion. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted. You agree to indemnify TC and its officers and employees from and against all claims, liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them that arise out of or are related to the Service or use of the Service. Copyright and Trademarks The Service is the property of TC. TC retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by TheyCalled or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases. TheyCalled and their respective logos are trademarks of TheyCalled LLC. All other trademarks on the Service are the property of their respective holders. Purchase Of Services By using the Site you acknowledge and agree that TC and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor. You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither TC nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither TC nor any Vendor will have any liability if the applicable encryption technology fails to protect your information. Call Recordings Call Recordings are stored by TheyCalled for 3 months from the date of the call. Upon Termination of this Agreement, Call Recordings will be deleted by TheyCalled. You shall inform all present and future employees that their telephone conversations may be recorded. You acknowledge that this shall be relied upon by TheyCalled, and is essential to the ability of TheyCalled to provide the recording services. Call Detail Records Call Detail Records are stored by TheyCalled for 12 months from the date of the call. Upon Termination of this Agreement, Call Detail Records will be deleted by TheyCalled. Customer Proprietary Information ("CPI") CPI includes your Service selections, feature selections, demographic information, call recordings, call detail records, and usage data for the Services. CPI does not include your name and address. TC has an obligation under federal law to protect the confidentiality of your CPI. By agreeing, you authorize TC to record, maintain, modify, and use your CPI (i) to install and manage the Services, (ii) to enhance the benefits of your existing Services, (iii) to enhance TC's ability to offer products and services tailored to your needs, and (iv) to diagnose Service problems. You shall indemnify and hold harmless TC from any and all liability resulting from TC's authorized use of your CPI. Intellectual Property Infringement Claims It is the policy of TC to respond expeditiously to claims of intellectual property infringement. TC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. TC will terminate access for subscribers and account holders who are repeat infringers. Please direct any notices of claimed copyright infringement to support@TheyCalled.com. Permissions For questions about licensing, reprints and other usage of material on TheyCalled, please should be addressed to sales@TheyCalled.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within one week of each request. Exclusions of Warranty and Liability THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.TC DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. TC IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND TC DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. TC DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE. TC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF TC HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL TC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $10. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that TC is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by TC of that Web site.
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