by nmadmin

Effective date: September 28, 2017

Welcome to Tally Dashboard. Please read on to learn the rules and restrictions that govern your use of our website(s), products (including our mobile application (“App”) and services (all of the foregoing, collectively, the “Services”).
These Terms of Use and End User License Agreement (the “Terms”) are a binding contract between you and New Media Studios(“tallydashboard,” “grow your business ”). You must agree to and accept all of the Terms, or you don’t have the right to use (and must stop using) the Services. Your downloading or installing the App or use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy. If you have any questions, comments, or concerns regarding these terms or the Services, please email support@newmediastudios.net
Please note that if you are using the Services pursuant to a separate enterprise agreement or another binding written agreement between you (or your organization) and New Media Studios and that agreement addresses your rights and obligations with respect to the Service, then that written agreement exclusively governs your use of the Services unless it expressly provides otherwise or these Terms of Use are referenced in that separate agreement.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice through the Services, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

New Media Studios takes the privacy of its users very seriously. View the current Tally Dashboard Privacy Policy.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please email support@newmediastudios.net.

What are the basics of using the Services?

You may be required to sign up for an account, and select a password and user name (“tally dashboard User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Tally dashboard User ID an email account that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
If you’ll be using the Services in connection with an organization or entity that you represent, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). Otherwise, you represent and warrant that you are an individual of legal age to form a binding contract.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Content (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Tally dashboard);
  2. Violates any law organization regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your Tally Dashboard account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. (a) Copies or stores any significant portion of the Content;
  10. (a) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Content, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Tally Dashboard’s) rights.
You understand that New Media Studios owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Tally Dashboard or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Content.” In order to display your User Content on the Services, and to allow other users to see it, you grant us certain rights in those User Content. Please note that all of the following licenses are subject to our Tally dashboard Privacy Policy to the extent they relate to User Content that is also your personally-identifiable information.
For all User Content, you hereby grant Tally Dashboard a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Content, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Content is not affected.
If you store User Content in your own personal Tally Dashboard account, in a manner that is not viewable by any other user except you (“Personal User Content”), you grant ally Dashboard the license above, as well as a license to display, perform, and distribute your Personal User Content for the sole purpose of making that Personal User Content accessible to you and providing the Services necessary to do so.
If you share User Content publicly on the Services and/or in a manner that others can view (“Public User Content”), then you grant  Tally Dashboard the licenses above, as well as a license to display, perform, and distribute your Public User Content for the purpose of making that Public User Content accessible to viewers and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Content in connection with the Services and/or otherwise in connection with  Tally Dashboard‘s business, provided that  Tally Dashboard will try to notify you if it uses your Public User Content for any reason other than displaying it in connection with the Services. Also, you grant all other users of the Services a license to access, view and download that Public User Content, and to use for their own internal, non-commercial purposes.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. When you delete your  Tally Dashboard account or otherwise stop using the Services, it may not be possible to completely or immediately delete that content from  Tally Dashboard records, so your Public User Content may remain publicly available.
Finally, you understand and agree that  Tally Dashboard, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Content to conform and adapt those User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like  Tally Dashboard, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review and learn how to report potentially infringing contentour view the complete Copyright Dispute Policy.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by  Tally Dashboard. When you access third party websites or use third party services, you accept that there are risks in doing so, and that  Tally Dashboard is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
 Tally Dashboard has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Tally Dashboard will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Tally Dashboard shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants using the Services, or between users and any third party, you agree that Tally Dashboard is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Tally Dashboard, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Will Tally Dashboard ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

We may allow limited use of the Services without charge; however, to access any of the features for which we charge fees, you will need to purchase one of the various Service plans offered by  Tally Dashboard (each, a “Plan”). Pricing for the Plans, and a description of the features associated with each Plan, is accessible to you on our website or elsewhere via the Services at the time of purchase and is subject to update upon any renewal of your subscription to the applicable Plan. You agree to pay Tally Dashboard all subscription charges and any setup fees or overage charges (if applicable) as described on the  Tally Dashboard website, through the App or in an order summary provided to you by  Tally Dashboard (collectively, the “Fees”) for each Plan you purchase. In order to set up an account with  Tally Dashboard, you must provide Tally Dashboard with accurate and complete billing information including legal name, address, telephone number, and a valid credit card. By submitting such credit card information, you give us permission to charge all Fees incurred through your account to the designated credit card via our third party payment processor. Alternatively, you may be required to pay for the Plans you purchase by using in-app payment functionality through a payment account associated with an app store or other third party marketplace, if such functionality is supported by Tally Dashboard. In either case, you must pay all applicable Fees or we may suspend your access to the Services until your account is paid in full. Any such suspension shall not affect your obligation to pay applicable charges.
Pursuant to these Terms, you are purchasing a subscription for the Plan set forth in your initial order, and agreeing to use and pay for the same as set forth in these Terms for the entire initial term of the order (the “Initial Term”), and any renewal terms. We will notify you in advance either via email or through the Services of any fee changes applicable to any renewal terms. Your subscription will automatically renew at the end of each term unless you cancel your subscription by logging into your Account and following the cancellation instructions through the Services. You agree to be financially responsible for your use of the Services, including all authorized or unauthorized use of your Account.
Recurring Fees for the Services are charged in advance on a periodic basis and are non-refundable. There will be no refunds or credits for partial service periods, upgrade/downgrade refunds, or refunds for service periods unused with an open account.
All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Tally Dashboard net income. All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.

What if I want to stop using the Services?

You’re free to do that at any time by logging in to your account and canceling Services, but keep in mind that there are no refunds for unused portions of the Services and fees will continue to accrue until the end of the then-current Plan subscription. Please refer to our   Tally Dashboard Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
 Tally Dashboard is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.  Tally Dashboard has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Your right to use any particular Plan within the Services will also automatically expire if, when you signed up for that Plan, your subscription was only for a set period of time.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact immediately email support@newmediastudios.net We will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What if I use the Services via the Tally Dashboard Mobile App?

If you download or install the App, or use the Services in any manner in connection with the App, the terms in this section apply to you:

License.

Subject to your full and continued compliance with these Terms,  Tally Dashboard hereby grants you (and only you) a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license to download, install and run the App (in object code only) for your own internal purposes solely in connection with your authorized use of the Services. No other use of the App is permitted.
Apple Terms and Conditions. If you access the App from the Apple App Store, the following terms also apply to you:
  1. Both you and  Tally Dashboard acknowledge that these Terms are concluded between you and  Tally Dashboard only, and not with Apple, and that Apple is not responsible for the App or the Content.
  2. a. The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services.
  3. You will only use the App in connection with an Apple device that you own or control.
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  5. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.
  6. a. You acknowledge and agree that Tally Dashboard, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App.
  7. a. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Tally Dashboard, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  9. Both you and  Tally Dashboard acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
  10. Both you and Tally Dashboard acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Neither Tally Dashboard nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Tally Dashboard or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Tally Dashboard, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Tally Dashboard’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Boston, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Boston, Massachusetts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Tally Dashboard may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Tally Dashboard agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Tally Dashboard, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Tally Dashboard, and you do not have any authority of any kind to bind Tally Dashboard in any respect whatsoever. You and Tally Dashboard agree there are no third party beneficiaries intended under these Terms