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Please carefully read this legal document
in its entirety, your use of Talk121
acknowledges your acceptance and binding to
the terms and conditions of use set forth in
this document.
Terms of Use
TALK121 offers Phone Chat and Online
Chat Services. When you use or sign up for
any TALK121 service ("Service") you agree to
all of the terms and conditions of this
Agreement. If you do not agree with these
terms and conditions, you may not use the
Service and should not proceed to register,
purchase a Phone Chat package or use the
Service. This Agreement may be modified by
TALK121 from time to time and such
modifications shall be effective upon
posting on this website. By using the
Service, you are agreeing to be bound by
this Agreement, including all modifications
to date. As used in this Agreement, "we",
"our" and "us" means TALK121 or any
successor or assign of TALK121.
The Phone Chat and Online Chat Services
provided by TALK121 are services. By
selecting either of these Services, you
acknowledge and confirm that you are over 18
years of age or older. TALK121 is a
trademark of TALK121. Trademarks of third
parties are used with permission of the mark
holders. For additional conditions for use
of this site, please refer to our Terms of
Use and Privacy Statement. All content on
this website and its related services is
protected by copyright.
Right to Use
Your right to use the Service is subject to
any limitations, conditions and restrictions
established by us from time to time in our
sole discretion. We may alter suspend or
discontinue and aspect of the Service at any
time, including the availability of any
Service Feature, database or content. We may
also impose limits on certain features and
aspects of the Service or restrict your
access to parts or all of the Service
without notice or liability.
Eligibility
You must be at least 18 years of age and you
represent, warrant and covenant that you are
at least 18 years old.
Code of Conduct
You agree to use the Service in accordance
with the following Code of Conduct:
-
you must keep all
information provided to you through the
Service as private and confidential and
will not disclose such information to
anyone without the permission of the
person who provided it to you;
-
you will not use the
Service to engage in any form of
harassment or offensive behavior,
including but not limited to the posting
of communications, pictures, recordings,
make or issue any communications which
contain libelous, slanderous, abusive or
defamatory statements, or racist,
pornographic, obscene, or offensive
language;
-
you will not forward
chain letters through the Online Chat
Service;
-
you will not use the
Service to infringe the privacy rights,
property rights, or any other rights of
any person;
-
you will not post
messages, pictures or recordings or use
the Service in any way which:
-
violates,
plagiarizes or infringes upon the
rights of any third party, including
but not limited to any copyright or
trade-mark, privacy, or other
personal or proprietary rights, or
-
is fraudulent or
otherwise unlawful or violates any
law or regulation; and
-
you will not use the
Service to communicate, distribute,
promote or otherwise publish any
material containing any solicitation for
funds, advertising or solicitation for
goods or services.
-
you will not use the
Service to distribute or up load any
virus, trojan horses or do anything else
that might cause any harm to the
Service, our systems or to other
callers’ systems or any other third
party systems in any way.
Fees and Payments
Our Online Chat Service is currently free
and you will therefore not be charged a fee
for using the Online chat Service. Phone
Chat Service pricing is determined by the
package of minutes selected. The prices of
our Phone Chat packages are disclosed on
this website. Our customer service
representatives may provide further
information on fees and charges. All fees
and charges are non-refundable. We may
change the fees and charges in effect for
using the Service, or add new fees or
charges by posting new fees or charges
incurred to access the Service through an
Internet access provider or other third
party service, including but not limited to
telephone charges. YOU, AND NOT WE, ARE
RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO
YOUR CREDIT CARD BY A THIRD PARTY, WHICH
WERE NOT AUTHORIZED BY YOU.
Privacy and Use of Information
By using the Service, you have also agreed
to our Privacy Statement. You acknowledge
that:
-
we cannot ensure the
security or privacy of information you
provide by telephone or through the
Internet and your email messages and you
release us from any and all liability in
connection with the use of such
information by other parties;
-
we are not
responsible for, and cannot control, the
use by other of any information which
you provide to them and you should use
caution in selecting the personal
information you provide to others
through the Service; and
-
we cannot assume any
responsibility for the content of
messages sent by other users of the
Service, and you release us from any and
all liability in connection with the
contents of any communications you may
receive from other users We cannot
guarantee, and assume no responsibility
for verifying, the accuracy of the
information provided by other users of
the Service.
You may not use any
Service for any unlawful purpose. We may
refuse to grant you access to the Service.
We may refuse to grant you a user name, ID
or nickname that impersonates someone else,
is protected by trademark or proprietary
law, or is vulgar or otherwise offensive, as
determined in our sole discretion.
Monitoring Information
We reserve the right to monitor all Phone
Chat communications and all advertisements,
public postings and messages on this website
to ensure that they conform to the
guidelines which may be applicable from time
to time. Removal of
Information
While we do not and cannot review every
message or other material posted or sent by
users of the Online Chat Service, and are
not responsible for any content of these
messages or materials, we reserve the right,
but are not obligated, to delete, move, or
edit messages or materials, including
without limitation, profiles, public
postings and messages, that we, in our sole
discretion, deem to violate the Code of
Conduct set out above or any applicable
content guidelines, or to be otherwise
unacceptable. You shall remain solely
responsible for the content of profiles,
public postings, messages and other
materials you may upload to the Online Chat
Service or to other users of the Online Chat
Service. Termination of
Access to Service
We may, in our sole discretion, terminate or
suspend your access to all or part of the
Services at any time, with or without
notice, for any reason, including, without
limitation, breach of this Agreement.
Without limiting the generality of the
foregoing, any fraudulent, abusive, or
otherwise illegal activity, or any activity
that may otherwise affect the enjoyment of
the Service or the Internet by others may be
grounds for termination of your access to al
or part of the Service at our sole
discretion, and you may be referred to
appropriate law enforcement agencies.
Proprietary Information
This Service contains information that is
proprietary to us and our users. We asset
full copyright protection in the Service.
Information posted by us or users of the
Service may be protected whether or not it
is identified as proprietary to us or to
them. You agree not to modify, copy or
distribute any such information in any
manner whatsoever without having first
received the express permission of the owner
of such information. For additional
information, please refer to our Legal
Section. No
Responsibility
You acknowledge that we are not responsible
for suspension of the Service, regardless of
the cause of the interruption or suspension.
We may discontinue or change the Service or
its availability to you at any time, and you
may stop using the Service at any time.
Security
Your account is private and should not be
used by anyone else. You are responsible for
all usage or activity on the Service by
users using your access information,
including but not limited to your name,
password, credit card or any user
identification information.
The Service may from time to time contain
links to other Internet sites and resources
("External Links"). You acknowledge that we
are not responsible for, and have no
liability as a result of, the availability
of External Links or their contents. We
suggest that you review the terms of use and
privacy statement of such External Links
prior to use of them.
Indemnity
You Agree to indemnify us, our officers,
owners, directors, employees, agents and
vendors, from any loss or damages, including
without limitation, court costs and
reasonable attorney’s fees, which we may
suffer from your activities on or use of the
Online or Phone Chat Service, including
without limitation any breach by you of this
Agreement or any charges or complaints made
by other parties against you and/or us. You
shall cooperate as fully as reasonably
required in the defense and control of any
matter otherwise subject to indemnification
by you; provided, however, that you shall
remain liable for any such claim.
No Warranties - Disclaimer
The Service is distributed or offered on an
"as is" basis. We do not warrant that this
Service will be uninterrupted or error-free.
There may be delays, omissions, and
interruptions in the availability of the
Service. Where permitted by law, you
acknowledge that the Service is provided
without any warranties of any kind
whatsoever, either express or implied,
including but not limited to the implied
warranties of merchantability and fitness
for a particular purpose. You acknowledge
that use of the Service is at your own risk.
We do not represent or endorse the accuracy
or reliability of any caller or user
profile, advice, opinion, statement or other
information displayed, uploaded,
communicated or distributed through our
Service, our partners, affiliates, vendors,
or any user of the Service or any other
person or entity. You acknowledge that any
reliance upon any such opinion, caller
profile, advice, statement or information
shall be at your sole risk.
In no event shall we or our affiliates or
any of their owners, officer, employees,
vendors or contractors be liable for any
direct, indirect, punitive, incidental,
special or consequential damages arising out
of or in any way connected with the use of
this website, any Service, the content of
the website, the delay or inability to use
this website or any Service or otherwise
arising in connection with this website,
whether in contract, negligence or other
tortuous action, even if an authorized
representative of TALK121 has been advised
of or should have known of the possibility
of such damages. In jurisdictions, that do
not allow the exclusion or limitation for
incidental or consequential damages, such
limitation shall not be applicable to you.
We do not represent or endorse the accuracy
or reliability of any advice, opinion,
statement or other information displayed,
uploaded, communicated or distributed
through the Service or any user of the
Service or any other service. Your continued
use of the Service now, or following the
posting of any notice of any changes in this
Agreement, will constitute a binding
acceptance by you of this Agreement, or any
subsequent modifications.
Modifications
We may modify this Agreement from time to
time. Notification of changes in this
Agreement will be posted on the Service or
sent via electronic mail, as we may
determine in our sole discretion. If you do
not agree to any modifications, you should
terminate use of the Service. Your continued
use of the Service now, or following the
posting of notice of any changes in this
Agreement, will constitute a binding
acceptance by you of this Agreement, or any
subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail
to you for the purpose of informing you of
changes or additions to the Service, or of
any of our related products and services. We
reserve the right to disclose information
about your usage of the Service and
demographics in forms that do not reveal
your personal identity.
And by your use of the Service, you consent
to such disclosures and communications
subject to the terms of our Privacy
Statement. Governing
Law
TALK121 is based in the State of Washington.
Your agreement to use TALK121's services is
entered into in the State of Washington. You
agree that the law of the State of
Washington shall govern all disputes arising
out of your use of TALK121's services, and
that any action or proceeding arising out of
your use of TALK121's services must be
filled in the State of Washington.
Assignment
You do not have the right to assign this
Agreement or any of your rights to the
Service to anyone. We have the right to
assign any or all of our rights and duties
under this Agreement or to the Service to
any third party. At our election, if our
obligations hereunder are assumed by a third
party, we shall be relieved of any and all
liability under this Agreement.
Privacy Policy
With regard to the Online Chat Service, we
use your IP address (the series of numbers
associated with your individual computer) to
help us maintain our site and identify
problems with our service. Your IP address
does not disclose any personally revealing
information about you.
We do use cookies to identify traffic that
comes through advertising and to facilitate
a more user friendly experience. Cookies are
small pieces of information that a website
places on your computer’s hard drive so that
we know it’s you when you visit. The use of
cookies is a common practice on the
Internet. If you are uncomfortable with
this, you can disable all cookies through
your browser settings and your enjoyment of
our site won’t be affected.
Please remember that any information that is
disclosed in the Online Chat Service becomes
public information and you should exercise
caution when deciding to disclose your
personal information online.
When you purchase a Phone Chat Service
package from us, we collect contact and
financial information, which includes such
information as your name, billing address,
credit card number and expiry date. We will
only use this information in the course of
providing our Service to you. We may enter
into an agreement with other organizations
to perform certain functions, which may
include analyzing data, providing marketing
assistance or processing credit card
payments. These companies and individuals
will have access to information to perform
their functions. The information will also
be used for the purpose of validating credit
information and collecting debts. Otherwise,
personally identifiable information will not
be disclosed to external organizations
without your prior consent unless we believe
we are legally required to disclose the
information. We reserve the right to monitor
Online and Phone Chat communications,
especially if we suspect users of being
under 18 or of using the Service for the
purpose of solicitation or any other
violation of our terms of use or Privacy
Statement.
We reserve the right to change our privacy
policy from time to time. Notice of changes
will be posted on this web site. Your
continued use of the Service now, or
following the posting of notice of any
changes to the Policy will constitute a
binding acceptance by you of this Policy, or
any subsequent modifications. |