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TalkTales Connect LLC - Terms and Conditions

Welcome. By using our “Platform”: (defined below), you are agreeing to these Terms and Conditions (defined below). Please read them carefully before accessing or using our Platform. If you have any questions, please contact us.

***You must be 21 or older in order to use this website or any of the services provided on or through this Platform***

TERMS AND CONDITIONS

TalkTales Connect LLC ("TalkTales" or "we" or "us" or "our") provides TalkTales Website and various related services (collectively, the "Platform") to you, the user, subject to your acceptance of all the terms, conditions, and notices contained or referenced herein (the "Terms and Conditions"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Platform, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

As used in these Terms and Conditions, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, consultants, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Platform and/or its contents.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

Please read these Terms and Conditions carefully before viewing or using, either directly or indirectly, the Platform. These Terms and Conditions affect your legal rights and obligations, so if you do not agree to these Terms and Conditions, do not use the Platform. In the event you use a service, feature, or functionality that is operated by a third party and made available through the Platform, each of such party’s terms will govern as to the respective party’s relationship with you.

About the Platform and the Services

a. Platform. TalkTales provides three types of services through its Platform: Connecting Bartenders to Events, Bartender Packages, and Cocktail Classes (collectively, the “Services”). By filling out the questionnaire available on the main page (the “Questionnaire”), you can request one or more of the Services below. A request for Services is referred to as an “Order.”

i. Connecting Bartenders to Events.TalkTales enables you to request one or more bartenders to provide services at an event. When requesting a bartender, you will also have the opportunity to request a Bartender Package (described below). Based on your answers to the Questionnaire, TalkTales will calculate the total price of your request. Once the price is calculated, your event’s details are sent to a bartender. If a bartender approves the conditions, the price of your event, and is available to provide services at that event, you will receive a confirmation through the Platform, and you will have a 72-hour window to pay your Order on the Platform. If you fail to pay for your Order within that time window, your Order will be canceled. You will have to place another Order, should you still wish to request a bartender.

ii. Bartender Package. TalkTales can help you create and submit a beverage/alcohol Order for your event, based on your responses to the Questionnaire. (You will be able to request a Bartender Package through our Services). The Bartender Package provides you with the opportunity to select beverage/alcohol items you want to add to your shopping list. Once the list is finalized, it will be sent to a licensed retail liquor store (“Retail Licensee”), requesting that the Retail Licensee fill your Order and deliver it to the event location. (We try to select the Retail Licensee from our list of Retail Licensees that is closest to your event.) The Retail Licensee will have the opportunity to review and accept your Order before your total Order can be finalized. Once you receive confirmation from the Retail Licensee, you will have a 72-hour window to pay your Order on the Platform. If you fail to pay within the 72-hour time window, your Order will be canceled and you will have to place another Order, should you still wish to create a shopping list.

iii. Cocktail Classes. TalkTales offers and provides group cocktail classes (your group must consist of a minimum of 8 people), either virtually or in person. We have designed our events to provide instruction to the group on how to make both classic and modern cocktails, save preparation time, and reduce unnecessary waste. When signing up for a class, you and each person attending the class, will need to provide a valid form of identification to show that each group member is over 21 years old. Virtual classes: If the cocktail class is virtual, we will connect you to a local provider (“Provider”) who will, upon receipt of payment, send you a “cocktail kit,” including ingredients, both alcoholic and non-alcoholic, to make the cocktails featured in the class, in the correct proportions. If you are located in Los Angeles, TalkTales Entertainment LLC, an independent entity from TalkTales Connect LLC, will be the Provider. TalkTales enables you to request a time and day that suits you and your group best, subject to TalkTales approval. The virtual class is provided on Zoom. (If you prefer to use a different platform, please let us know, and we will try to accommodate you.) Prior to the class, TalkTales will send you a link to join the class. While TalkTales provides classes to only one group at a time, members of the group can join the virtual class from different places.In-person classes: In person classes can be offered at various locations across the United States, subject to TalkTales approval. If you are interested in having an in-person class, please email TalkTales at least fourteen (14) days prior to the class at _____________ and include the date, time, location, number of people in the group, and any other details relating to the class. TalkTales will respond and let you know if we are able to conduct the requested class and include details, costs, and limitations.

All available Services and pricing on the Platform may change at any time in TalkTales’ sole discretion, without notice.

b. Services.

i. Connecting Bartenders to Events. While TalkTales verifies each bartender’s identification, BarSmarts certification, and conducts criminal record check for felonies, once a bartender accepts your Order, you will have an opportunity to review the selected bartender’s profile, and, at that time, you will have the opportunity to make a decision as to whether you wish to hire the bartender. You will need to make an independent assessment of any bartender you hire since bartenders are not agents or employees of TalkTales. You understand that by submitting payment within the 72-hour time window, you represent that you have reviewed the bartender’s profile, made an independent assessment, and accept the bartender selected. You represent and warrant that the location picked for your event (i) is either your private property or a location which has granted you permission to have TalkTales’ bartender provide services; (ii) has a bar station; (iii) has glasses and any other materials, equipment and tools necessary for the event; and (iv) will have all the beverages, and ingredients necessary for the bartender to provide services unless you also requested a Bartender Package. The bartender will not bring any of the foregoing materials. The bartender will only bring the bartending tools that the bartender deems appropriate to prepare beverages at your event, including but not limited to a cocktail strainer, a cocktail jigger, a wine key, a bar spoon, and a bottle opener. You also agree and understand that TalkTales is only facilitating a connection between you and one or more bartenders and that TalkTales has no responsibility, liability, or authority for or over the event, the bartender, the services provided by the bartender, or any issue, action, or claim that arises out of the event or your interaction with the bartender. If you want to make changes to your bartender Order (e.g, increasing the time the bartender will be at the event), you may do so by contacting TalkTales at _______@_______. All such requests must be in writing, are subject to TalkTales and bartender approval, typically result in increases to the cost of the Order, and, unless accepted, will not alter your obligations under the original order.

ii. Bartender Package. You understand that a Bartender Package does not automatically include a request for a bartender. Ordering a Bartender Package can be done independently from or in conjunction with requesting a bartender. You understand that by submitting payment within the 72-hour time window, you accept and confirm the accuracy of the Bartender Package. You understand TalkTales does not sell any alcohol itself or take title to any alcohol at any time. It merely facilitates a connection and a shopping list from a Retail Licensee. Retail Licensees are independent entities from TalkTales. You agree and understand that TalkTales has no responsibility or liability, over the Retail Licensee the services provided by the Retail Licensee, or any issue, action, or claim that arises out of your use of or your interaction with the Retail Licensee.

iii. Cocktail Classes. Each class, whether virtual or in person, will be conducted by TalkTales or by third parties selected by TalkTales, and the length and the specific subject matter of any class shall be determined by TalkTales in its sole and absolute discretion. TalkTales reserves the right to hire and/or utilize subcontractors in its sole and absolute discretion to assist in conducting and/or providing the classes. You understand that by submitting payment within the 72-hour time window, you agree to accept the date, time, location and any conditions of attending the class. You also understand that TalkTales strongly recommends against drinking and driving and is not responsible for any consequences resulting from such behavior. If you engage in disruptive and/or discriminatory behavior, you understand that TalkTales reserves the right to cancel your class, end it prematurely, or require you leave and continue the class, all without any refund whatsoever.

Ownership of the Platform

The Platform, any content on the Platform and the infrastructure used to provide the Platform are proprietary to us, our affiliates, and other content providers. By using the Platform and accepting these Terms and Conditions: (a) TalkTales grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform pursuant to these Terms and Conditions and to any additional terms and policies set forth by TalkTales; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Platform without the express permission of TalkTales.

Use of the Platform

As a condition of your use of the Platform, you agree that:

You are at least 21 years of age;
You are able to create a binding legal obligation;
You are not barred from receiving products or services under applicable law;
You will not attempt to use the Platform with crawlers, robots, data mining or extraction tools or any other functionality;
Your use of the Platform will at all times comply with these Terms and Conditions;
You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
You will only make purchases on the Platform for your own use and enjoyment or, as a gift for another person;
You have the right to provide any and all information you submit to the Platform, the information and all such information is accurate, true, current and complete;
You will update and correct information you have submitted to the Platform and ensure that it is accurate at all times (out-of-date information will invalidate your account).
You will not use the Platform for any unlawful purpose:
You will not use the Platform or Services to engage in any commercial activities, including, but not limited to: raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not access or use the Platform to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

Access to the Platform

TalkTales retains the right, at our sole discretion, to deny service or use of the Platform or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Platform and your account accessible, the Platform and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Platform access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

Registration Process

TalkTales will require that you create an account to book an event on the TalkTales Platform. The process of creating an account includes a sign-in name (“Sign-In Name”), a password (“Password”), an address (“Address”), a phone number (“Phone Number”), an email address (“Email”) and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Subscriber. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. TalkTales will not be liable for any loss or damage caused by any unauthorized use of your account. While there are limited, legitimate reasons for creating multiple accounts, creating serial, or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

Modification

These Terms and Conditions are effective as of January 1, 2023. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Platform and these Terms and Conditions regularly and to familiarize yourself with any modifications. Your continued use of this Platform after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

User Account

You are responsible for updating and correcting information you have submitted to create or maintain your account. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Platform or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms and Conditions, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any forms of unredeemed value in your account. Upon termination, the provisions of these Terms and Conditions that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our Services or the Platform, including, but not limited to, requirements for use.
You must choose an appropriate name for your account. The name associated with your account may not use or include language that is offensive, vulgar, inappropriate, or infringes upon someone’s intellectual property rights, or otherwise violates the Terms and Conditions.

User Conduct

All interactions on the Platform must comply with these Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Platform, we may limit your privileges on the Platform and seek other remedies.
The following activities are  prohibited on the Platform and constitute express violations of these Terms and Conditions:
(A) Submitting any content to the Platform that: (i) Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); (ii) Contains personal information, except when we expressly ask you to provide such information; (iii) Contains viruses or malware; (iv) Offers unauthorized downloads of any copyrighted, confidential or private information; (v) Has the effect of impersonating others; (vi) Is purposely inaccurate, commits fraud or falsifies information in connection with your account or to create multiple accounts; or (vii) Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
(B) Attempting to do or actually doing any of the following: (i) Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; (ii) Scanning or monitoring the Platform for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; (iii) Scanning or testing the security or configuration of the Platform or to breach security or authentication measures; or (iv) Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Platform.
(C) Using any of the following: (i) Frames, framing techniques or framing technology to enclose any content included on the Platform without our express written permission; (ii) Any Platform content in any meta tags or any other “hidden text” techniques or technologies without our express written permission; (iii) The Platform or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with TalkTales; or (iv) The Platform or any of its resources to solicit consumers, Vendors or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with TalkTales, including, without limitation, aggregating current or previously offered deals or Vendor Offerings.
(D) Collecting any of the following: (i) Content from the Platform, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Platform without our express written permission; or (ii) Personal information of users, or content of any consumers or Vendors.
(E) Engaging in any of the following: (i) Tampering or interfering with the proper functioning of any part, page or area of the Platform or any functions or Services provided by TalkTales; (ii) Taking any action that places excessive demand on our Services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (iii) Reselling or repurposing your access to the Platform or any purchases made through the Platform; (iv) Accessing, monitoring or copying any content from the Platform using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; (v) Violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform; (vi) Hyperlinking to the Platform from any other Platform without our initial and ongoing written consent; or (vii) Acting illegally or maliciously against the business interests or reputation of TalkTales, our Affiliates, or our Services.

Privacy

TalkTales must collect certain information in order to operate this Platform and to fulfill your Orders, requests or enable participation in certain online activities. TalkTales respects the privacy of its users. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. For more information, please see our Privacy Policy. [Insert link to Privacy Policy.]

Gift Cards and Promotions

You acknowledge that TalkTales does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous. Special offers and promotions are subject to change at any time in TalkTales’ sole discretion, without notice.

Copyright and Trademarks

The Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Platform are protected by copyright, trademark and other intellectual property laws of the United States. TalkTales owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express written permission of TalkTales or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. TalkTales does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
"TalkTales", TalkTales logos and variations thereof found on the Platform are trademarks owned by TalkTales and all use of these marks inures to the benefit of TalkTales.
Other marks on the Platform not owned by TalkTales may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of TalkTales unless otherwise stated, or may be the property of their respective owners. You may not use TalkTales’ name, logos, trademarks or brands without TalkTales’ express written permission.

Unsolicited Ideas

We do not accept or consider, directly or through any TalkTales employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: (i) TalkTales has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and (ii) TalkTales will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND ANY OF THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM IS AT YOUR SOLE RISK. NONE OF TAKLTALES, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM OR THE SERVICES, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT ON THE PLATFORM AND ALL SERVICES, INCLUDING WITHOUT LIMITATION VENDOR OFFERINGS OR OTHER AVAILABLE PROGRAMS ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, TALKTALES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE VENDOR OFFERINGS, THE SERVICES, THE OPERATION OF THE PLATFORM OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.

Limitation of Liability

IN NO EVENT SHALL TALKTALES, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, VENDORS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE PLATFORM, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE PLATFORM; (B) ANY SERVICES AVAILABLE ON OR THROUGH THE PLATFORM (C) YOUR INABILITY TO USE THE PLATFORM OR ANY SERVICES; (D) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE PLATFORM; OR (E) THESE TERMS AND CONDITIONS. IN NO EVENT WILL TALKTALES’ LIABILITY IN CONNECTION WITH A VENDOR OFFERING AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED (I) THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR (II) FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Electronic Communications

When you use the Platform or send emails to TalkTales, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email us.

Indemnification/Release

You agree to defend, indemnify and hold harmless TalkTales, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any use of the Platform in violation of these Terms and Conditions; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S. or foreign law or rights of a third-party.
You are solely responsible for your interactions with bartenders, Retail Licensees, and Providers and other service providers and vendors you connect with through the Platform. To the extent permitted under applicable laws, you hereby release TalkTales from any and all claims or liability related to any product or service of a Retail Licensee, bartender, or Provider, any action or inaction by a Retail Licensee, bartender, or Provider, including but not limited to any harm caused to you by action or inaction of a bartender, Retail Licensee or Provider, a bartender’s Retail Licensee’s or Provider’s failure to comply with applicable law and/or failure to abide by the terms of a contract and any conduct, or speech, whether online or offline, of any other third-party.
To the extent applicable, you hereby waive the provisions of any applicable laws restricting the release of claims that a person or entity does not know or suspect to exist at the time of this Agreement. You further acknowledge and agree that, while facts different from or in addition to those now known or believed to be true with respect to the subject matter of any claimed waived through these Terms of Use may be discovered, you shall remain bound to their waiver, which shall remain in effect.
If you a resident of California, you expressly waive the protection of Section 1542 of the California Civil Code, and expressly waives and releases any rights or benefits arising thereunder.
Section 1542 of the California Civil Code States:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Force Majeure

TalkTales shall be excused from performance under these Terms and Conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of TalkTales.

Procedure for Alleging Copyright Infringement

TalkTales will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: (i) a legend or subject line that says: "DMCA Copyright Infringement Notice"; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the Platform and a description of where the material that you claim is infringing is located on the Platform; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (vii) your electronic or physical signature.
TalkTales will only receive DMCA notices by mail or e-mail at: By Mail: TalkTales Connect LLC, 724 Echo Park Avenue, Apartment D, Los Angeles, CA 90026; By E-Mail: shana@talktalesentertainment.com
TalkTales will only receive DMCA notices by mail or e-mail at: By Mail: TalkTales Connect LLC, 724 Echo Park Avenue, Apartment D, Los Angeles, CA 90026; By E-Mail: shana@talktalesentertainment.com

Force Majeure

Sanctions Policy

As a global company based in the US with operations in other countries, TalkTales must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. This means that TalkTales or anyone using the Platform cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies such as OFAC. This policy applies to anyone that uses the Platform, regardless of their location. It is up to you to familiarize yourself with these restrictions.
For example, these restrictions generally prohibit, but are not limited to, transactions involving: Certain geographic areas, such as
(A) Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
(B) Individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List;
(C) Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
(D) Items originating from areas including Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks.
In order to protect our community and marketplace, TalkTales takes steps to ensure compliance with sanctions programs. For example, TalkTales prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions, since we have no way to verify when they were actually removed from the restricted location. TalkTales reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.
In addition to complying with OFAC and applicable local laws, TalkTales users and Vendors should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.
Finally, TalkTales users and Vendors should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. TalkTales has no authority or control over the independent decision-making of these providers.
The economic sanctions and trade restrictions that apply to your use of the Platform are subject to change, so users and Vendors should check sanctions resources regularly. For legal advice, please consult a qualified professional.

Entire Agreement

The Terms and Conditions, including the incorporated Privacy Policy and other terms incorporated by reference, constitutes the entire agreement and understanding between you and TalkTales with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and TalkTales with respect to such subject matter.

Jurisdiction, Venue and Governing Law

You agree that any action at law or in equity arising out of or relating to these Terms and Conditions for the Platform shall be filed, and that venue properly lies, only in state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law.

Additional Disclosures

No waiver by either you or TalkTales of any breach or default or failure to exercise any right allowed under these Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms and Conditions invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and Conditions, and the remaining portions shall continue in full force and effect.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

You may close your account at any time by notifying us that you no longer wish to use our Platform and ceasing any and all subsequent use. Your account will be closed upon confirmation from us that your account has been terminated. The obligations, terms, conditions and liabilities of the parties shall survive the closing of your account and any termination of these Terms and Conditions.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term of provision of these Terms and Conditions, we also may close or terminate your account at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof).