Welcome to
Talkeer.com the web site and online service of Talkeer, Inc. ("Talkeer
", "we," or "us"). This page explains the terms by
which you may use our online services, web site, and software provided on or in
connection with the service (collectively the "Service"). By
accessing or using the Service, you signify that you have read, understood, and
agree to be bound by these Terms of Use ("Terms") and to the
collection and use of your information as set forth in our Privacy Policy http://www.talkeer.com/static/privacy_policy.html, whether or not you are a registered user
of our Service. This Agreement applies to all visitors, users, and others who
access the Service ("Users").
THIS AGREEMENT CONTAINS A
MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF
ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS
OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF
A DISPUTE.
We may make changes to these Terms
from time to time. When we do, we will revise the "last updated" date
given above. It is your responsibility to review these Terms frequently and to
remain informed of any changes to them. The then-current version of these Terms
will supersede all earlier versions. You agree that your continued use of our
Services after such changes have been published to our Services will constitute
your acceptance of such revised Terms. If you do not agree to any of these
terms or any future Terms of Use, do not use or access (or continue to access)
the Service.
Use of Our Service
Who can use our Service: You may use the Service only if you can
form a binding contract with Talkeer, and only in compliance with these Terms
and all applicable local, national, and international laws, rules and
regulations. Any use or access to the Service by anyone under 7 is strictly
prohibited and in violation of these Terms. The Service is not available to any
Users previously removed from the Service by Talkeer.
Creating and using an account: Your Talkeer account gives you access to
the services and functionality that we may establish and maintain from time to
time and in our sole discretion. We may maintain different types of accounts
for different types of Users. If you open a Talkeer account on behalf of a
company, organization, or other entity, then (a) "you" includes you
and that entity, and (b) you represent and warrant that you are an authorized
representative of the entity with the authority to bind the entity to this
Agreement, and that you agree to this Agreement on the entity's behalf. By
connecting to Talkeer with a third-party service, you give us permission to
access and use your information from that service as permitted by that service,
and to store your log-in credentials for that service. You may never use
another User's account without permission. When creating your account, you must
provide accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account password
secure. You must notify Talkeer immediately of any breach of security or
unauthorized use of your account. Talkeer will not be liable for any losses
caused by any unauthorized use of your account.
License to Use our Services
Subject to these Terms, we grant
to you a limited, personal, non-exclusive, non-transferable, freely revocable
license to use the Service for your personal, non-commercial use and not for
resale or further distribution and only as permitted by the features of the
Service. Talkeer reserves all rights not expressly granted herein in the
Service and the Talkeer Content (as defined below). Talkeer may terminate this
license at any time for any reason or no reason.
Except for your User Content, the
Service and all materials therein, including, without limitation, software,
images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos, music, and User Content
belonging to other Users (the "Talkeer Content"), and all
intellectual property rights related thereto, are the exclusive property of
Talkeer and its licensors (including other Users who post User Content to the
Service). Our Services are protected by applicable intellectual property laws,
including national copyright law and international treaties.
Except as otherwise explicitly
provided in these Terms or as may be expressly permitted by applicable law, you
will not, and will not permit or authorize any third party to: (i) reproduce,
modify, translate, enhance, decompile, disassemble, reverse engineer or create
derivative works of any of our Services or Talkeer Content; (ii) rent, lease or
sublicense access to any of our Services or Talkeer Content; or (iii)
circumvent or disable any security or technological features or measures of our
Services.
Access to our Services
We do not provide you with the
equipment to access our Services. You are responsible for all fees charged by
third parties related to your access and use of our Services (e.g., charges by
Internet service providers).
We reserve the right to modify or
discontinue, temporarily or permanently, all or any portion of our Services
without notice. We will not be liable to you or to any third party for any
modification, suspension, or discontinuance of all or any portion of our
Services.
We also reserve the right, in our
sole discretion, to reject, refuse to post, or remove any of your User Content
or any material that you post or submit for posting, and to restrict, suspend,
or terminate your access to our Services at any time, for any or no reason,
with or without prior notice, and without liability.
Fees for the use of our
Services
Subject to the Terms, our Services
are provided to you without charge up to certain limits. Usage over this limit
requires your purchase of additional resources or services. By using the paid
aspects of the Services, you expressly agree to these pricing terms.
For all purchased resources and
services, we will charge your credit card, debit card, or other method of
payment, if different, and you authorize us to charge your method of payment in
accordance with the terms of your pricing plan or subscription. Charges are
exclusive of taxes. You are solely responsible for (i) paying all taxes and
government charges, and (ii) all reasonable expenses and attorneys fees we
incur collecting amounts. To the fullest extent permitted by law, you waive all
claims relating to charges unless claimed within 60 days after the charge (this
does not affect your credit card issuer rights). Charges are solely based on
our measurements of your use of our Services, unless otherwise agreed to in
writing.
All information that you provide
in connection with a purchase or transaction or other monetary transaction
interaction with the Service must be accurate, complete, and current. You agree
to pay all charges incurred by users of your credit card, debit card, or other
payment method used in connection with a purchase or transaction or other monetary
transaction interaction with the Service at the prices in effect when such
charges are incurred.
You may cancel your Talkeer
account at any time; however, there are no refunds for cancellation. To the
fullest extent permitted by law, refunds (if any) are at our discretion and
only in the form of credit for our Services. In the event that Talkeer suspends
or terminates your account or these Terms, you understand and agree that you
shall receive no refund or exchange for any unused time on a subscription, any
license or subscription fees for any portion of the Service, any content or
data associated with your account, or for anything else. Any outstanding
balance on your account becomes immediately due and payable upon termination of
these Terms for any reason.
Nothing in these Terms obligates
us to extend credit to you or any third party. You acknowledge and agree that
any credit card and related billing and payment information that you provide to
us may be shared by us with companies who work on our behalf, such as
third-party payment processors and/or credit agencies, solely for the purposes
of checking credit, effecting payment to us and servicing your account. We may
also provide information in response to valid legal process, such as subpoenas,
search warrants and court orders, or to establish or exercise its legal rights
or defend against legal claims. We shall not be liable for any use or
disclosure of such information by such third parties. We reserve the right to
discontinue the provision of our Services to you for any late payments.
We may change our fees and payment
policies for our Services from time to time. By continuing to use the Services,
you agree to any changes to the fees or payment policies.
You may not create multiple
accounts to simulate or act as a single account or otherwise access our
Services in a manner intended to avoid incurring fees.
Restrictions
You must comply with all
applicable laws when using our Services. Except as may be expressly permitted
by applicable law, or as Talkeer may authorize expressly in writing, you will
not, and will not permit anyone else to: (i) store, copy, modify, distribute,
or resell any of the information; audio, visual, and audiovisual works, or
other content made available on our Service or compile or collect any Talkeer
Content or other Users' User Content as part of a database or other work; (ii)
use any automated tool (e.g., robots, spiders) to access or use our Service or
to store, copy, modify, distribute, or resell any Talkeer Content or other Users'
User Content ; (iii) rent, lease, or sublicense your access to our Service to
another person; (iv) use any Service, Talkeer Content or other Users' User
Content for any purpose except for your own personal use; (v) circumvent or
disable any digital rights management, usage rules, or other security features
of our Service; (vi) use our Service in a manner that overburdens, or that
threatens the integrity, performance, or availability of, our Service; (vii)
remove, alter, or obscure any proprietary notices (including copyright and
trademark notices) on any portion of our Service, Talkeer Content or other
Users' User Content; (viii) transmit spam, chain letters, or other unsolicited
email; (ix) use the Service for any commercial solicitation purposes; or (x)
impersonate another person or otherwise misrepresent your affiliation with a
person or entity, conduct fraud, hide or attempt to hide your identity.
Privacy Policy and Security
We may collect
registration and other information about you through our Services. Our
collection and use of this information is governed by our Privacy Policy, available
at http://www.talkeer.com/static/privacy_policy.html
. We care about the integrity
and security of your personal information. However, we cannot guarantee that
unauthorized third parties will never be able to defeat our security measures
or use your personal information for improper purposes. You acknowledge that
you provide your personal information at your own risk.
Linking to our Services
Framing of our Services within or
as part of any third-party services, or any other manner of incorporating parts
of our Services as part of another Web site or service, is not permitted
without our prior written consent.
User Postings to our Services
User Content: You may have the opportunity to post
information and content on the Service. Any content a User submits, posts,
displays, or otherwise makes available on the Service, which originates from a
particular User, including all intellectual property rights therein, is
referred to as that User's "User Content." You grant us a perpetual,
non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, worldwide
license and right to display, use, perform, reproduce, modify, distribute and create
derivative works of all such User Content and your name, voice, and/or likeness
as contained in the User Content, in whole or in part, in any media, software,
or technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party,
for use in connection with the Service and Talkeer' (and its successors' and
affiliates') business, including without limitation for promoting and
redistributing part or all of the Service (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each User
of the Service a non-exclusive license to access your User Content through the
Service, and to use, reproduce, distribute, display and perform such User Content
as permitted through the functionality of the Service and under these Terms.
BY POSTING OR PROVIDING ANY USER
CONTENT, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR USER
CONTENT BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY,
INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF
PUBLICITY OR RIGHTS OF PRIVACY.
Other Users' User Content on
the Service: Talkeer takes
no responsibility and assumes no liability for any User Content that you or any
other User or third party posts or sends over the Service. You are solely
responsible for your User Content and the consequences of posting or publishing
it, and you agree that we are only acting as a passive conduit for your online
distribution and publication of your User Content. You understand and agree
that you may be exposed to User Content that is inaccurate, objectionable,
inappropriate for children, or otherwise unsuited to your purpose, and you
agree that Talkeer shall not be liable for any damages you allege to incur as a
result of User Content.
Third Party Links
The Service may contain links to
third-party websites, advertisers, services, special offers, or other events or
activities that are not owned or controlled by Talkeer. Talkeer does not
endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access a third party
website from the Service, you do so at your own risk, and you understand that
these Terms and our Privacy Policy do not apply to your use of such sites. You
expressly relieve Talkeer from any and all liability arising from your use of
any third-party website, service, or content. Additionally, your dealings with
or participation in promotions of advertisers found on the Service, including
payment and delivery of goods, and any other terms (such as warranties) are
solely between you and such advertisers. You agree that Talkeer shall not be
responsible for any loss or damage of any sort relating to your dealings with
such advertisers.
Use Policies and Service Rules
You are solely responsible for any
content and other material that you submit, publish, transmit, or display on,
through, or with our Services.
You will not use our Services to:
(i) upload, post, email, or otherwise transmit any User Content that contains
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (ii) harm us or third parties in any
way; (iii) impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity; (iv) upload, post, email, or otherwise
transmit any User Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); (v)
upload, post, email or otherwise transmit any User Content that infringes any
patent, trademark, trade secret, copyright, or other right of any party; (vi)
upload, post, email, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other forms of
solicitation; (vii) upload, post, email, or otherwise transmit any material
that contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment; (viii) interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Services; (ix) intentionally or unintentionally violate any applicable
local, national or international law or regulation; (x) "stalk" or
otherwise harass another User; or (xi) collect or store personal data about
other Users.
Trademarks
"Talkeer," the Talkeer
logo, and any other product or service name or slogan displayed on our Services
are trademarks of Talkeer and its suppliers or licensors, and may not be
copied, imitated or used, in whole or in part, without the prior written permission
of Talkeer, Inc. or the applicable trademark holder. You may not use any
metatags or any other "hidden text" utilizing "Talkeer" or
any other name, trademark or product or service name of Talkeer without our
prior written permission. In addition, the look and feel of our Services,
including all page headers, custom graphics, button icons and scripts, is the
service mark, trademark and/or trade dress of Talkeer and may not be copied,
imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or
logos mentioned in our Services are the property of their respective owners.
Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier, or otherwise does not constitute or
imply endorsement, sponsorship, or recommendation thereof by us.
Feedback
We may provide you with a
mechanism to provide feedback, suggestions, and ideas, if you choose, about our
Services ("Feedback"). By submitting any Feedback, you agree that
your disclosure is gratuitous, unsolicited and without restriction and will not
place us under any fiduciary or other obligation, and that we are free to use
the Feedback without any additional compensation to you, and/or to disclose the
Feedback on a non-confidential basis or otherwise to anyone. You further
acknowledge that, by acceptance of your submission, Talkeer does not waive any
rights to use similar or related ideas previously known to Talkeer, or developed
by its employees, or obtained from sources other than you. You agree that we
may, in our sole discretion, use the Feedback you provide to us in any way,
including in future enhancements and modifications to our Services. You hereby
grant to us and our assigns a perpetual, worldwide, fully transferable,
sublicensable, irrevocable, royalty free license to use, reproduce, modify,
create derivative works from, distribute, and display the Feedback in any
manner for any purpose, in any media, software, or technology of any kind now
existing or developed in the future, without any obligation to provide
attribution or compensation to you or any third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND THE
SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND
OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND
SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN
THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR
FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TALKEER DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR
SERVICE, AND TALKEER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL TALKEER, ITS AFFILIATES, AGENTS, DIRECTORS,
EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO
CIRCUMSTANCES WILL TALKEER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY
RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE
SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, TALKEER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR
SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD
PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO
CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF
ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE
CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM
AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR
OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF
THE SERVICES AND SERVICE CONTENT.
Indemnity
You will indemnify and hold us,
our suppliers and licensors, and our respective subsidiaries, affiliates,
officers, agents, employees, representatives, and assigns harmless from any
costs, damages, expenses, and liability arising from (i) your use of the
Services, including any data or content transmitted or received by you; (ii)
your violation of these Terms; (iii) your violation of any rights of a third
party ; (iv) your violation of any applicable law, rule or regulation; (v) any
claim or damages that arise as a result of any of your User Content or any that
is submitted via your account; or (vi) any other party's access and use of the
Service with your unique username, password or other appropriate security code.
Copyright Infringement Notice
Since we respect artist and content
owner rights, it is Talkeer' policy to respond to alleged infringement notices.
If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible via the Service, please
notify Talkeer. You must provide the following information in writing:
1. An
electronic or physical signature of a person authorized to act on behalf of the
copyright owner;
2.
Identification of the copyrighted work that you claim has been infringed;
3.
Identification of the material that is claimed to be infringing and where it is
located on the Service;
4.
Information reasonably sufficient to permit Talkeer to contact you, such as
your address, telephone number, and, e-mail address;
5. 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
law; and
6. A
statement, made under penalty of perjury, that the above information is
accurate, and that you are the copyright owner or are authorized to act on
behalf of the owner.
The above information must be
submitted to the following address:
Attn:
Talkeer, Inc.
Address:
Room 302, Bldg 5, Block 1, Kejiaoxincun District,
115# Tianmashan Road
Yuelu Area, Changsha City, Hunan Province, China
Post code: 410014
Email: info@talkeer.com
UNDER LAWS, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT
COSTS, AND ATTORNEYS' FEES.
Talkeer has adopted a policy of
terminating, in appropriate circumstances, Users who are deemed to be repeat
infringers. Talkeer may also at its sole discretion limit access to the Service
and/or terminate the accounts of any Users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
Legal Notices
Assignment: This Agreement, and any rights and
licenses granted hereunder, may not be transferred or assigned by you, but may
be assigned by Talkeer without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.
Governing Law: If you are from outside of mainland
China, The Terms shall be governed by the laws of Hong Kong without regard to
its conflict of law provisions and the parties to the Terms agree to submit to
the exclusive jurisdiction of the courts of Hong Kong. If you are from mainland
China, the Terms shall be governed by the laws of Peoples Republic of China
without regard to its conflict of law provisions and the parties to the Terms
agree to submit to the exclusive jurisdiction of the courts of Peoples Republic
of China.
Notification Procedures: Talkeer may provide notifications,
whether such notifications are required by law or are for marketing or other
business related purposes, to you via email notice, written or hard copy
notice, or through posting of such notice on our website, as determined by
Talkeer in our sole discretion. Talkeer reserves the right to determine the
form and means of providing notifications to our Users, provided that you may
opt out of certain means of notification as described in these Terms.
Entire Agreement/Severability. These Terms, together with any amendments
and any additional agreements you may enter into with Talkeer in connection
with the Service, shall constitute the entire agreement between you and Talkeer
concerning the Service. If any provision of these Terms is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect.
Contacting Us
If you have any questions or
concerns about our Services or these Terms, you may contact us at: info@Talkeer.com