Terms

TallyFox complies to Swiss law & the Swiss Data Protection Act

Sale and Purchase Terms

 

Terms of use Introduction

By accessing this website, the pages contained on it, and the products, services, information, tools and material contained or described herein (the "Website"), you acknowledge your agreement with and understanding of the following terms of use.

 

TallyFox Services and conditions

TallyFox Social Technologies AG, Zurich, Switzerland, (TallyFox) is specialized in enabling Knowledge Networks for professional communities. TallyFox provides services that allow persons to register and share content on TallyFox Networks, TallyFox communities, and all subdomains hosted within but not limited to TallyFox.net (Services).

Certain Services are currently free to all users. TallyFox reserves the right to charge for Services in the future (upon special notification and the possibility to join paid services). In addition, parts of the Services may be accessed only by users who joined certain paid products or features. Paid products are processed under a different contract between you and TallyFox and need your express agreement.

TallyFox reserves the right to change the terms of this Agreement or to modify any features of its Services at any time. By continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes. Changes from free to paid services need to be explicably accepted by both parties.

Nothing on the Websites shall form any legally binding contract about products or services, unless explicitly noted.

Information and opinions presented in this Website have been obtained or derived from sources believed to be reliable, but TallyFox makes no representation as to their accuracy or completeness. TallyFox maintains the right to delete or modify information on this Website without prior notice.

Activating links on this Website may cause you to leave this Website. Such links, addresses or hyperlinks are not reviewed by TallyFox. TallyFox does not accept any liability for their contents, the offered products or services or any other offers. Using links from this Website to any website not owned by TallyFox is at your own
risk. TallyFox is committed to respecting the privacy rights of its site visitors and to comply with the Swiss Data Protection Act dated June 19, 1992. Access to certain Services, such as e.g. registering, joining an expert panel discussion, may cause certain details of your identity to become publicly visible on the Website such as e.g. your name, profession, location or a photo you may have uploaded to the Website.

 

User responsibilities

You agree not to submit any inappropriate content (including violations of intellectual property rights, racist, obscene or other illegal content, defaming or violating privacy of any person etc.).

You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

You agree to indemnify and hold harmless TallyFox and its parent and affiliates, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.

Liability TALLYFOX HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, REGARDING THE SITE AND ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SITE AND ITS CONTENTS.

Ownership, Copyrights and other intellectual properties TallyFox and other intellectual property rights on this Website are registered items of TallyFox and/or its direct or indirect subsidiaries. All material available on the Site, except where otherwise explicitly noted, is under copyright of TallyFox. TallyFox will enforce such rights to the full extent of applicable law. Downloading, copying or printing individual pages and/or parts of the Website is allowed for personal use only, and will not transfer title to any software or material on the Website to you. Explicit attribution to TallyFox must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express consent of TallyFox.

Applicable Law and place of jurisdiction This legal relationship is subject to Swiss law. The place of jurisdiction is the appropriate court in Zurich (Switzerland).

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Sale and Purchase Terms

All products and services provided by TallyFox Social Technologies AG, Zurich, Switzerland, (hereinafter called "TallyFox") shall be subject to these Terms, unless altered or amended in writing. They shall be binding for Clients by clicking the acceptance button. All General Terms of TallyFox’s Clients shall be deemed waived unless explicitly accepted in writing by TallyFox.

 

Services and Responsibilities of TallyFox

TallyFox provides Services to enable Networking and collaboration within Clients’ dedicated Communities and Networks. The services are described on www.tallyfox.com, in the product brochures and videos, and are subject to changes and alternation.

All Services provided by TallyFox are performed in a professional manner and shall be completed in conformance with the necessary degree of skill and care that is required for the completion of such services.

TallyFox guarantees the requisite rights to grant the rights of use of Services provided, without the need for any additional licenses, releases, consents, approvals or immunities.

TallyFox is committed to respecting the privacy rights of all content and works according to the Swiss Data Protection Act dated June 19, 1992. All content in the internal knowledge database are considered private and are not used in any other way than specifically agreed upon. TallyFox will protect private information from unauthorized dissemination and TallyFox will use reasonable efforts to prevent the unauthorized disclosure of confidential information and data. TallyFox will not disclose to third parties private Information.

However, TallyFox does not guarantee that any content may be secured at any time and takes no responsibility for any loss of data. Customer alone is responsible for backup of all his data.

Servers and facilities of TallyFox are state of the art and built for 99.99% availability. Nonetheless there is no guarantee of uptime or permanently running services.

 

Responsibilities of Client

Client is responsible to obtain and enforce all users responsibilities as stated in the terms of use. It is also Clients’ responsibility to certify that each user has and uses only their own account.

Client is responsible and will be held liable for all content of their internal Client community and knowledge database. Client is responsible and will be held liable for any inappropriate content (including violations of intellectual property rights, racist, obscene or other illegal content, defaming or violating privacy of any person etc.).

Client is responsible and held liable for any breach of ownership and copyright against TallyFox or other Clients and users.

Client acknowledges that users of their community have full knowledge of and follow the terms of use.

The Client alone is responsible to designate the community, group, and content type to their community as internal or public. Content that is marked public, is viewable to all users who have access to view that space.

Customer agrees to indemnify and hold harmless TallyFox and its parent and affiliates, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this contract or the failure to fulfill any obligations relating to Client accounts incurred by Client or any other person using such an account.

Customer is responsible for the backup of all his data and understands that the Internet and other various networking communications can be insecure.

All content created by Client Community members that is uploaded by Community members to the Client Community belongs to Client. Client may instruct TallyFox staff in writing or digitally (e.g. email) to edit, delete or export such content.

 

Fees

Customer shall pay TallyFox the fees and charges for the services as set forth on the TallyFox website as modified from time to time. TallyFox may make reasonable adjustments to fees and charges at any time.

Any payments due hereunder shall be made in advance and in the currency selected. All payments by Client to TallyFox pursuant to this Agreement shall be made by CreditCard except explicitly agreed upon by TallyFox.

Client will be responsible for a late fee of 5% per year on any amount not paid when due.

 

Liability

TALLYFOX HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED.

 

Ownership and Copyright

Client hereby grants to TallyFox and to recipients of works distributed by TallyFox a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute all works and derivative works marked as public.

TallyFox acknowledges and upholds all copyrights of any content in non Client spaces on Networks powered by TallyFox.

Furthermore Ownership, Copyrights and other intellectual properties of TallyFox and other intellectual property rights on this Website are registered items of TallyFox and/or its direct or indirect subsidiaries. All material available on the Site, except where otherwise explicitly noted, is under copyright of TallyFox. TallyFox will enforce such rights to the full extent of applicable law. Downloading, copying or printing individual

pages and/or parts of the Website is allowed for personal use only, and will not transfer title to any software or material on the Website. Explicit attribution to TallyFox must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express consent of TallyFox.

 

Duration and Termination

This contract shall commence upon submission of the ecommerce purchase form, after which Client will receive an Email with all necessary information. The contract will be terminated in accordance with this section. It shall continue for a period of one Year (Term) thereafter unless terminated in accordance with this section.

Either party shall be able to terminate this agreement by sending a written notice to the other party 90 days prior to the end of Term, otherwise the term of the agreement shall automatically be extended by 12 months.

In the event that either party becomes insolvent or is unable to pay its debts as they become due, then the other party shall have the right to immediately terminate this Agreement, without prejudice to its other rights or remedies, by written notice of such election.

If client is in material breach of its obligations hereunder, which breach (if curable), remains uncured for thirty (30) days following notice from TallyFox specifying the breach, TallyFox shall have the right to immediately terminate this Agreement, without prejudice to its other rights or remedies, by written notice of such election.

In the event of non-payment of fees TallyFox may terminate service with a 30-day email notice to the latest available email address. Client explicitly agrees that the full amount still due shall remain to be paid.

 

Entire contract; Construction

This contract and its amendments supersedes all contracts and agreements previously made between the parties pertaining to the subject matter of this contract.

If for any reason a court of competent jurisdiction finds any provision of this contract, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this contract shall continue in full force and effect.

 

Applicable Law and place of jurisdiction

This legal relationship is subject to Swiss law. The place of jurisdiction is the appropriate court in Zurich (Switzerland). 

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