About Tally Factory


Terms of Use

1. Creating an Account

To sign up for a Tally Factory account, you must be at least 18 years old. You are responsible for your account and all the activity on it.

You can browse Tally Factory without registering for an account. To use some of Tally Factory's functions, you'll need to register, choose an account name, and set a password. Once complete, the information you give us has to be accurate and complete. Don't impersonate anyone else or choose names that are offensive or violate anyone's rights. If you don't follow these rules, we may cancel your account. You are responsible for all the activity on your account, and for keeping your password confidential. If you find that someone has used your account without your permission, you should report it immediately to support@tallyfactory.com. To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

2. Things You Definitely Shouldn't Do

Many people use Tally Factory. We expect all of them to behave responsibly and help keep this a nice place. Don't do any of these things on the Site:

  • Don't break the law. Don't take any action that infringes or violates other people's rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Don't lie to people. Don't post information you know is false, misleading, or inaccurate. Don't do anything deceptive or fraudulent.
  • Don't offer prohibited items. Don't offer any rewards that are illegal, violate any of Tally Factory's policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
  • Don't victimize anyone. Don't do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person's privacy.
  • Don't spam. Don't distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don't run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
  • Don't harm anyone's computer. Don't distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Tally Factory or another party).
  • Don't abuse other users' personal information. When you use Tally Factory — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Tally Factory project: don't use it for other purposes, and don't abuse it.
We also need to make sure that the Site is secure and our systems function properly. So don't do any of these things — most of which boil down to "don't mess with our system."
  • Don't try to interfere with the proper workings of the Services.
  • Don't bypass any measures we've put in place to secure the Services.
  • Don't try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Tally Factory or another party.
  • Don't take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what's reasonable.)
  • Don't use any kind of software or device (whether it's manual or automated) to “crawl” or “spider” any part of the Site.
  • Don't take apart or reverse engineer any aspect of Tally Factory in an effort to access things like source code, underlying ideas, or algorithms.

3. Stuff We Don't Do and Aren't Responsible For

We don't oversee projects' performance, and we don't mediate disputes between users. Tally Factory isn't liable for any damages or losses related to your use of the Services. We don't become involved in disputes between users, or between users and any third party relating to the use of the Services. We don't oversee the performance or punctuality of projects, and we don't endorse any content users submit to the Site. When you use the Services, you release Tally Factory from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.

Fees are only charged on successfully collected pledges and donations. We charge $1.00 in addition to any fees from our payments partners. Creating an account on Tally Factory is free. If you create a fundraiser that is successfully executed, we (and our payment partners) collect fees. Our partners' fees may vary slightly based on your location. We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we'll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Tally Factory isn't responsible for its performance. You are responsible for paying any additional fees or taxes associated with your use of Tally Factory.

4. Tally Factory's Intellectual Property

Tally Factory's Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

Tally Factory grants you a license to reproduce content from the Services for personal use only. This license covers both Tally Factory's own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Tally Factory or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

5. Deleting Your Account

You can delete your account at any time. Deleting your account won't make content you've already posted go away.

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you've already submitted to the Site. (For instance, if you've launched a project, deleting your account will not remove the project from the Site.)

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don't take these powers lightly, and we only use them when we absolutely have to.

Tally Factory reserves these rights:

  • We can make changes to the Tally Factory Site and Services without notice or liability.
  • We have the right to decide who is eligible to use Tally Factory. We can cancel accounts or decline to offer our Services. (Especially if you are abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Tally Factory in that jurisdiction.
  • We have the right to cancel any pledge to any project, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Tally Factory is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

6. Warranty Disclaimer

We work hard to provide you with great services, but we can't guarantee everything will always work perfectly. This site is presented as-is, without warranties.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

Tally Factory SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Tally Factory SHALL CREATE ANY WARRANTY.

7. Indemnification

If you do something on Tally Factory that winds up getting us sued, you have to help defend us.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of Tally Factory. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defenses.

8. Limitation of Liability

If something bad happens as a result of your using Tally Factory, we're not liable (beyond a small amount).

To the fullest extent permitted by law, in no event will Tally Factory, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Tally Factory's liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

9. Dispute Resolution and Governing Law

We are located in Michigan, and any disputes with us have to be handled in Michigan under Michigan State law

If you are having an issue, we at Tally Factory encourage you to contact us before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Michigan and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Tally Factory and its Services are deemed a passive website that does not give rise to jurisdiction over Tally Factory or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Michigan. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Tally Factory, shall be filed only in the state or federal courts located in Macomb County in the State of Michigan, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

10. The Rest

These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they are the last word.) Thanks so much for reading them, and for using Tally Factory!

These Terms and the other material referenced in them are the entire agreement between you and Tally Factory with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Tally Factory with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Tally Factory to exercise any right provided for in these Terms in any way won't be deemed a waiver of any other rights.

These Terms are personal to you. You can't assign them, transfer them, or sublicense them unless you get Tally Factory's prior written consent. Tally Factory has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Tally Factory will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

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