Terms of Service
Please know that we have done our best to be fair and transparent. We welcome your feedback at firstname.lastname@example.org, but please know that anything you write to us will not amend these Terms in any way, even if you write that it does.
Accepting the Terms of Service
By using, purchasing, accessing or posting on the Site and/or using the Products and Services, you (“Customer” or “you”) agree to become bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use any of the Products and Services.
If you have purchased a Talsam charm but do not consent to this Agreement, you may return the charm within the return period, subject to Talsam’s return policy found at https://www.talsam.com/pages/returns or by sending an email to email@example.com and following the return instructions.
Use of the Products and Services
No individual under the age of eighteen (18) may use the Products and Services including, but not limited to the Site, or provide any information to Chipp’d directly or through the Site. You are only permitted to use the Products and Services if you are able to legally form a binding contract with Chipp’d and are not otherwise prohibited from using the Products and Services by Chipp’d or otherwise.
Site and Product and Services Changes/Limitations
Any or all of the Products and Services may be revised from time to time, and their form and functionality may change without prior notice to you. Chipp’d reserves the right to create limits and parameters on the Products and Services in its sole discretion at any time with or without prior notice. Chipp’d may also impose limits on the Site or certain Products and Services, or aspects of those Products and Services, or restrict your access to parts of or the entire Site without prior notice or liability. Chipp’d may change, suspend, or discontinue any or all of the Site or of the other Products and Services at any time in its sole discretion and without any liability to you. Chipp’d may also suspend or revoke your access to the Site and/or to the Products and Services at any time in its sole discretion.
Limitations on Automated Use
You may not, and you agree not to or enable others to, do any of the following while accessing or using the Products and Services: (i) access, tamper with, or use non-public areas of the Site, or the computer or delivery systems of Chipp’d and/or its service providers; (ii) probe, scan, or test any system or network, or otherwise attempt to breach or circumvent any security or authentication measures; (iii) access, search or attempt to access or search the Site by any means other than through the channels currently made available by Chipp’d; (iv) scrape the Site, and particularly scrape Content (as defined below) from the Site, without Chipp’d’s express prior written consent; (v) use the Site or any other Products and Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or, (vi) interfere with, or disrupt or attempt to disrupt or interfere with the access of any Customer, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Site, or by scripted use of the Site in such a manner as to interfere with or create an undue burden on its servers or in any manner that restricts Chipp’d’s ability to operate the Site and/or deliver the Products and Services.
Chipp'd Ltd. is not affiliated with Noonlight, Inc. ("Noonlight") and does not make any warranties on its behalf or guarantee performance of its services offered as part of the Talsam SOS Alert feature. Noonlight. retains all right, title, and interest in and to the Noonlight Services. Noonlight. reserves all rights not expressly granted in these Terms.
You may not engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by Noonlight or Chipp'd to access the Noonlight Services; (ii) circumvent, disable, or otherwise interfere with security-related features on the Noonlight Services; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Noonlight Services; (iv) access or use the Noonlight Services in any manner that may damage, disable, unduly burden, or impair any part of the Noonlight Services, or any servers or networks connected to the Noonlight Services; (v) post information or interact with the Noonlight Services in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Noonlight Services for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Noonlight Services; (viii) interfere or attempt to interfere with the Noonlight Services provided to any user or network, including, without limitation, via means of submitting a virus to the Noonlight Services, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Noonlight Services, or copy or create any derivative work of the Noonlight Services; (x) use the Noonlight Services in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) use the Noonlight Services for the benefit of any third party.
Registration and Security
Chipp’d offers many different kinds of accounts, but in order to make full use of the Site or the other Products and Services Chipp’d offers, Chipp’d may require you to create a personalized account (an “Account”) which may necessitate inputting your full name and email address and other information, including registering your mobile device, and by selecting a password. You must provide Chipp’d with accurate, complete, and updated account registration information, particularly your email address and phone number, as you will need this to access your Account. You may be required to verify your phone number and email address before you are permitted access to your Account. Failure to do so may result in suspension of your Account.
You are also responsible for maintaining the confidentiality and security of your Account password and any mobile device associated with your Account. You must notify Chipp’d immediately of any actual or suspected loss, theft, or unauthorized use of your Account, Account password or associated mobile device.
Similar rules apply to the charm that can be used to enable you to access private messages on the Site that are associated with your Account using two-factor authentication. It is your responsibility to safeguard this product and to notify Chipp’d immediately of any actual or suspected loss, theft, or unauthorized use of the product or the Site or the Products and Services assigned with your Account. Further, you may not copy, photograph, scan, replicate, reproduce, or in any way duplicate the hardware, electronics, or identifier inside the charm and associated with your Account in any form whatsoever. Violation of this condition will result in, among other actions and without waiver by Chipp’d, immediate termination of your Account.
Rules of Conduct
As a condition to your use of the Products and Services, you agree that you will not use the Site or any of the other Products and Services for any purpose that is unlawful or prohibited by the terms and conditions of the Agreement. In the access or use of the Products and Services, you shall comply with the Agreement and the special warnings or instructions for access or use posted on the Site.
You shall always act in accordance with the law, custom, and in good faith. You may not make any change or alteration to the Site or any Content (defined below) and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of the Agreement, if you default negligently or willfully in any of the obligations set forth in the Agreement, you shall be liable for all the losses and damages that this may cause to Chipp’d, or Chipp’d’s affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
- Post, transmit, or otherwise make available through or in connection with your use of the Site or any of the Products and Services:
. Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
. Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Chipp’d in advance.
. Any personally identifiable information of another individual, without the prior consent of such individual.
. Any material, non-public information about a company, without the proper authorization to do so.
- Use any of the Products and Services for any fraudulent or unlawful purpose.
- Use any of the Products and Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the Site or any of the other Products and Services.
- Impersonate any person or entity including, without limitation, any representative of Chipp’d;
- Falsely state or imply affiliation with any person or entity in connection with the Products and Services, or express or imply that Chipp’d endorses any statement you make.
- Interfere with or disrupt the operation or delivery of the Site or the Products and Services, or the servers or networks used to make the Site or the Products and Services available, or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Products and Services (including without limitation by hacking or defacing any portion of the Site).
- Use the Products and Services to advertise or offer to sell or buy any goods or services for any business purpose, without Chipp’d’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Products and Services, including any charm associated with any Account.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or the other Products and Services.
- Remove any copyright, trademark or other proprietary rights notice from any of the Products and Services.
- Frame or mirror any part of the Site or the other Products and Services, including any QR code associated with any Chipp’d Account.
- Create a database by downloading and storing Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Site without Chipp’d’s express prior written consent.
If Chipp’d concludes you are violating any of these rules, Chipp’d may contact you via email and request either an explanation or demand that the offending conduct cease, or may simply shut down your Account, or take further action as Chipp’d deems appropriate. If, in the sole judgment of Chipp’d, we request and you fail to provide a suitable explanation or correct your behavior, your account may be suspended and/or your IP address may be blocked without further notice or warning. Chipp’d also reserves the right to suspend accounts or remove Content without notice or warning for any or no reason, including, without limitation, to protect the Site, other Product and Services, infrastructure, or Customers.
We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies do not create a duty or contractual obligation which requires us to act in any particular manner.
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Site or the Products and Services; (2) the term “Customer Content” is all Content that is posted or otherwise provided or transferred to the Site by a Customer (including, without limitation, by you). Content includes, without limitation, all Customer Content.
As between Chipp’d and Customer, Customers retain ownership of all Customer Content, and Chipp’d retains ownership of all intellectual property rights in all Content other than Customer Content.
All information and Content available on the Site or the Products and Services and its “look and feel”, except Customer Content, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, animations, illustrations, data compilations and software, and the compilation and organization thereof is the property of or used under license by Chipp’d, and is protected by United States and international laws, including, but not limited to, laws governing copyrights and trademarks.
The reproduction and use of any Content, except Customer Content uploaded by you, is prohibited unless specific permission is provided on the Site or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
All Products and Services, including, without limitation, the Site, and the Content are provided “AS IS” and “AS AVAILABLE” for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any commercial or other purposes whatsoever without the prior written consent of Chipp’d and the owner of the relevant Content, except for your Customer Content in which you retain all rights.
Chipp’d reserves all rights not expressly granted in and to all Products and Services, including the Site, and the Content other than Customer Consent. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of any Content obtained through the Site or the Products and Services for any commercial purposes.
Customer Content License to Chipp’d:
When you upload Customer Content to Chipp’d you grant Chipp’d a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify and/or adapt such Customer Content. The rights you grant in this license are for the limited purpose of operating the Site, and all other Products and Services in accordance with their functionality, improving the Site and/or any of the other Products and Services, and allowing Chipp’d to develop new Products and Services.
You agree that you will respect the intellectual property rights of others.
If you submit Customer Content to the Site, you represent and warrant that you own, control the rights to or otherwise have the right and license to upload the Customer Content. You further represent and warrant that such Customer Content does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Customer Content.
You agree to indemnify Chipp’d, as well as its’ affiliates, for all claims arising from or in connection with any claims to any rights in any Customer Content or any damages arising from our use of any Customer Content including, without limitation, for reasonable attorney’s fees.
You shall be solely responsible for your Customer Content and the consequences of posting or publishing said Customer Content. In connection with your Customer Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Chipp’d to use all patent, trademark, trade secret, copyright, right of privacy and publicity or other proprietary rights in and to any and all of your Customer Content to enable inclusion and use of your Customer Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable person in your Customer Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Customer Content in the manner contemplated by the Site and this Agreement.
You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Chipp’d all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Chipp’d or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
Chipp’d has no control over, and assumes no responsibility for, any Customer Content. We do not regularly censor or edit Customer Content but reserve the right to do so without prior notice.
Content Shared With Noonlight:
You represent and warrant that they own all right, title, and interest in and to the date, content, or other materials that you upload through or to the Noonlight Services. By uploading this content or allowing Noonlight to access such content, you hereby grant and will grant Noonlight a nonexclusive, worldwide, royalty free, fully paid up, transferable, and sublicensable license to use, copy, display, upload, perform, distribute, store, modify, and otherwise use this content in connection with the operation of the Noonlight Services.
Termination and Deletion:
On termination of your Account or upon your deletion of particular pieces of Customer Content from the Products and Services, Chipp’d shall make reasonable efforts to make such Customer Content inaccessible and cease use of it; however, you acknowledge and agree that: (i) caching of, copies of, or references to the Customer Content may not be immediately removed; (ii) such removed Customer Content may persist in backups for a reasonable period of time; and (iii) such removed Customer Content may be available (and stored on our servers) through the accounts of other Customers.
Links to and Content from Third Party Websites
For your convenience, the Site may contain links to the websites of third parties on which you may be able to obtain information, content and/or products or services, and/or download software. Except as otherwise noted, such third party websites, and such information, content, products, services, and software are provided by companies which are not affiliated with and are independent of Chipp’d. Chipp’d has no control over and does not endorse or make any representations or warranties concerning such third party websites.
Purchases and Other Transactions
Chipp’d reserves the right, with or without prior notice, (i) to change the Site or any Product and Service descriptions, images and references; (ii) to limit the available quantity of any Product and Service; (iii) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (iv) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (v) to refuse to provide any user or customer with any Product and Service.
Price and availability of any Product and Service offered through the Site are subject to change without notice, and Chipp’d shall not be responsible for errors in the prices or descriptions of such Products and Services. Refunds and exchanges will be subject to our Return Policy, which can be found at https://www.talsam.com/returns. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. For more information on our Shipping and Tax Policy, please visit storychips.com/faq/shipping.
Warranty Disclaimer and Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE AND OF ALL PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. NEITHER CHIPP’D NOR ITS AFFILIATED COMPANIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “CHIPP’D PARTIES”) OR NOONLIGHT WARRANT THAT DELIVERY OF THE SITE OR OF ANY CHIPP’D, NOONLIGHT, OR ANY OTHER PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR OF ANY OF THE PRODUCTS AND SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CHIPP’D PARTIES AND NOONLIGHT ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL THE CHIPP’D PARTIES, NOONLIGHT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE PRODUCTS AND SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND THE PRODUCTS AND SERVICES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, THE CHIPP’D PARTIES AND NOONLIGHT SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE OR IN THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE CHIPP’D PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Chipp’d and Noonlight's liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You agree to defend, indemnify and hold harmless the Chipp’d Parties and Noonlight from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Site and/or the Products and Services; (ii) your violation of any term of the Agreement; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Products and Services.
California Civil Code Section 1789.3 Compliance
- 1. Californians have rights to the following information pursuant to California Civil Code Section 1789. Chipp’d Ltd. is located at 145 6th Avenue, 7th Floor, New York, NY 10013. Currently, there are no charges to the consumer for use of the Site, other than the cost of any purchased Products and Services and any applicable taxes, shipping fees, and other charges associated with such purchases. Chipp’d Ltd. reserves the right to change its pricing.
Please feel free to contact us concerning any concerns you may have regarding any aspect of your use of the Site by writing to us or sending us an email to firstname.lastname@example.org Upon your request, you may have the Agreement sent to you by email.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Chipp’d without restriction.
The Children's Online Privacy Protection Act ("COPPA") specifically protects the privacy of children under the age of 13 by requesting parental consent for the collection or use of any personal information of the users. We take that law very seriously. As a result, the Site is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13.
Special Provisions for Customers Residing Outside the United States
The Products and Services provided by Chipp’d lend themselves to use all over the world. However, Chipp’d’s operations are based in the United States, and our policies and procedures are based on United States law and contemplate use within the United States.
The Site and the Products and Services are not intended to subject Chipp’d to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the Site are presented solely for the purpose of providing and promoting the Site available in the United States. Chipp’d makes no representation or warranty that the Site, in whole or in part, or the Products and Services, including the Noonlight Services, or any other materials made available through the Site are appropriate or available for use in other locations. Those who choose to access the Site or make use of the Products and Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
DMCA Copyright Policy
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
After removing material pursuant to a valid DMCA notice, Chipp’d will immediately notify the Customer responsible for the allegedly infringing material that it has removed or disabled access to the material. Chipp’d reserve the right, in its sole discretion, to immediately terminate the account of any Customer who is the subject of repeated DMCA notifications.
Chipp’d’s designated Copyright Agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., White and Williams LLP, 7 Times Square, Suite 2900, New York, New York, 10036; email: email@example.com.
Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Chipp’d suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.
Any other feedback, comments, requests for technical support, and other communications should be directed to Chipp’d customer service via firstname.lastname@example.org. You acknowledge that if you fail to comply with any of the aforementioned requirements, your DMCA notice may not be valid.
You agree that: (i) the Site shall be deemed solely based in New York, New York; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Chipp’d, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and Chipp’d that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York, New York.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Chipp’d’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You agree that Chipp’d shall not be liable to you or any third party for any termination of your access to the Site or to any information or files or to any Customer Content, and shall not be required to make such information or files available to you after any such termination. Chipp’d reserves the right to take all steps necessary or appropriate to enforce and/or verify compliance with this Agreement. YOU AND CHIPP’D AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Frequently Asked Questions
How Does Talsam Work?
Talsam is wearable technology that keeps you connected to loved ones, no matter where you are.
- Send a message with the Talsam app and make their charm vibrate and light up, letting them know you're thinking of them.
- They can share their location with you in the event of an emergency by pressing the button on their charm.
- You can communicate privately using the app and share secret messages, which must be unlocked using their charm, fingerprint, retina scan, or password.
How Do I Send Secret Messages?
You can mark any of the following messages as secret: photos, videos, voice notes, and stylized quotes. To do so, set the Secret Message toggle at the top of the screen to the ON position before you send the message. It will now require the recipient to use two-factor authentication to unlock it.
How Do I Charge My Charm?
Talsam contains a built-in USB-C® connector that you can plug into a power source, a computer, or even a smartphone. Talsam charms can be fully charged in less than 2 hours.
How Do I Send An SOS Alert?
To send an SOS alert* with Talsam, simply press and hold the button on the charm for 5 seconds.
The charm will vibrate to let you know that the alert was sent. The emergency contact(s) specified in your account will receive a text message and email containing your location, along with an automated phone call.