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. |
Talk121 offers Phone Chat and Online Chat Services. When you
use or sign up for any TALK 121 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 membership or use the Service. This Agreement may
be modified by TALK 121.COM 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 TALK 121.COM or any
successor or assign of TALK 121.COM.
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:
a. 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;
b. 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;
c. you will not forward chain letters through the Online Chat
Service;
d. you will not use the Service to infringe the privacy
rights, property rights, or any other rights of any person;
e. you will not post messages, pictures or recordings or use
the Service in any way which:
i. 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
ii. is fraudulent or otherwise unlawful or violates any law or
regulation; and
f. 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.
g. 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 members’ 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
membership package selected. The prices of our Phone Chat
packages are disclosed on this website. Our customer service
representative 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 (a) 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; (b) 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 (c) 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
member 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, member
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. |
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. |
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. |
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