Last Modified: 9/23/2015
Welcome to the User Agreement. This is a legal agreement between you, doing business as TalkToMe.com and hereinafter referred to as “Talk To Me.” User, “You” agree that Your access to the Site and Talker Services shall take place only under the policies, terms, and conditions below. For convenience, we will refer to the TalkToMe.com website, Mail (any message you send from your User account to another User), phone services (including services available through 1-800-TALK-TO-ME and other numbers that Talk To Me maintains for access by Users), and any content therein provided by Talk To Me as the “Site.” We will refer to any information, entertainment services, and other products or services you may receive from other Users (in their role as Talkers) or their listings on the Site as the “Talker Services.” Users who enter our Site agree to the terms of this User Agreement and those who solicit or receive Talker Services from other Users will be referred to as “Users.” Users who create listings and/or provide Talker Services will be referred to as “Talkers.”
The policies, terms, and conditions below limit Talk To Me’s liability and obligations to You and allow Talk To Me to change, suspend, or terminate your access to and use of the Site and Talker Services in our sole discretion for any reason or for no reason. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the User Agreement by reference and provide additional terms and conditions: Talker Policy, Payment Policy, Terms and Conditions.
YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON THE REGISTRATION PAGE, BY USING THE SITE AND ANY TALKER SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A USER, OR BY POSTING ANY LISTINGS ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS USER AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND TALKER SERVICES IS SUBJECT TO THE TERMS OF THIS USER AGREEMENT AND THE POLICIES, TERMS, AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES, AND NOTICES REFERENCED IN THIS USER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND TALKER SERVICES. IF YOU DO NOT ACCEPT THIS USER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR TALKER SERVICES.
1. Eligibility to use the Site and Talker Services is limited.
1.1. The Site and Talker Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Talker Services are not available to temporarily or indefinitely suspended Users.
1.2. You shall not use the Site or become a User if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty, or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, and Yugoslavia.
2. You use or provide Talker Services, and consult with Talkers, at your own risk.
2.1. Talk To Me does not evaluate, provide, produce, or control the Talker Services, or information or exchanges between Users, in any manner. Talk To Me does not itself provide any information, entertainment services or other products or services, nor verify, guarantee, or make any representations regarding the identity or qualifications of any User. Further, Talk To Me does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will Talk To Me be held responsible for any User’s failure to comply with laws or regulations concerning the content of listings. Instead, Talk To Me acts as a technology service that allows Users to share information, entertainment services, or other products or services among themselves. Although Talk To Me helps its Users connect with each other, it does not monitor the advice exchanged, and, as a result, Talk To Me does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users, including without limitation any information contained in Talker listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. Talk To Me is not responsible for use or exchange of any information, files, or goods between Users. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Site and Talker Services, in evaluating the qualifications of, and statements made by Users in listings or through the User feedback system, and in disclosing personal information to other Users. Talk To Me recommends that you do not disclose personal contact information to Users. If you do, you do so at your own risk. Talk To Me assumes no responsibility for monitoring any User feedback or otherwise policing its Users in any way. If you ever believe that a User has violated the law or is defrauding, threatening, or endangering anyone, Talk To Me urges you immediately to contact the police directly for help. In addition Talk To Me does not recommend or encourage Users to use the Site or Talker Services to solicit other Users to meet with them in person.
2.3. If you have a dispute with another User, or suffer any harm arising out of or connected with any Talker Services, you hereby waive all claims against and release Talk To Me (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures and agents) from any and all liability for claims, demands, damages (actual and consequential), costs, and expenses (including litigation costs and attorney’s’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Talker Services or with regard to such disputes.
3. Talk To Me may modify this User Agreement, or suspend or terminate your use of the Site, at any time without notice to you, for any reason or for no reason.
3.1. Talk To Me reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective within twentyfour (24) hours after they are initially posted on the Site. Changes to the Payment Policy are effective after Talk To Me provides Talkers with at least twentyfour (24) hours notice of the changes by emailing Talkers. If any modification is not acceptable to you, your only recourse is to cease using the Site and Talker Services. By continuing to use the Site or any Talker Services following any posting of a new User Agreement or policies on the Site, you accept and agree to be bound by the new User Agreement or policies.
3.2. Without limiting other remedies, Talk To Me may at any time suspend or terminate your Use of the Site and refuse to provide access to the Site without reason or notice to you. In addition, Talk To Me may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Talk To Me suspects that you have failed to comply with any provision of this User Agreement or any policies or rules established by Talk To Me; (ii) if Talk To Me is unable to verify or authenticate any billing or payment information you provide to Talk To Me; or (iii) if Talk To Me suspects that your actions may be illegal or cause liability, harm or disruption for you, other Users, Talk To Me or the Site. You have the right to cancel your Usership in Talk To Me by filling out the Contact Us Form and entering “Cancel My Account” in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Talk To Me.
4. The Site is only a venue for User listings.
Talk To Me acts only as an interface to facilitate communications initiated between Users. As a User, you are not an employee, agent, or contractor of Talk To Me, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Talker Services, and for reporting and payment of all taxes associated with fees transferred to you by Talk To Me.
5. You are solely responsible for all use made of the Site and Talker Services under your password and User account information and agree to pay for all Talker Services purchased using your password and User account information.
5.1. The rates for Talker Services are as set forth in the applicable Talker listing. “Transaction” means any live or recorded call through the Site initiated using your password and User account information and any Mail response sent to your Mail account in response to a request for information, entertainment services or other products or services from a Talker who lists a fee for such product or service. You hereby authorize Talk To Me to collect fees for each Transaction by debiting your User account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live and recorded calls are calculated based on the per-minute rate listed and the duration of the call, or from time to time may be offered by Talk To Me for a single price listed for a bulk package of time. Time for calls sold in bulk have an expiration date; and you will not be entitled to receive a refund for any time remaining after the expiration date for the bulk minutes. Fees for recorded calls are determined based on the listed fee. Fees for Paid Messages are collected immediately upon acceptance of the Paid Messages, regardless of quality or completeness, by the receiving User and are determined as set forth in the Talker listings. When purchasing a package of bulk minutes, you authorize Talk To Me to authorize your credit card for the entire price of the bulk package prior to connecting your next call and to subsequently charge your card for the entire cost of the bulk package once your call is connected. You authorize Talk To Me, directly or through third parties, to make any inquiries we consider necessary to validate your User account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.
5.2. You agree to maintain the confidentiality of your password and User account information and to supervise all activities that occur under your User name, password, or User account, including, but not limited to, any and all usage of the Site by other persons under your User name and password. You agree that you will not permit, enable, introduce, or facilitate (i) non-Users having access to or use of the Site or Talker Services in any manner without such individuals first becoming Users and (ii) other Users to use a specific Talker Service at the same time that you are doing so.
6. In using or accessing the Site or Talker Services, you agree to comply with the following:
- You (as a Talker providing Talker Services) are solely responsible for the content provided and the content on listings created under your User account.
- You (as a Caller receiving Talker Services) will not record or otherwise store any live or pre-recorded voice Talker Services that you receive through the Site. You (as an Talker providing Talker Services) will not record or otherwise store any calls you conduct with a User. Notwithstanding the foregoing, Talkers may provide pre-recorded voice Talker Services (each, a “Recorded Listing” as described further on the Help Page of the Site) to Users in accordance with the Talker Policy.
- You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this User Agreement and the policies of Talk To Me, and you will cooperate fully with Talk To Me to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Talk To Me representatives access to any password-protected portions of your User account.
- You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
- You will conduct all for-fee communications that you have with other Users only through the Site, or site approved services, and you will not circumvent or attempt to circumvent the Site using third-party payment services.
- You will not use the Site in any manner that harasses another User or could interfere with any other party’s use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.
- You will not attempt to gain unauthorized access to any User account information, computer systems or networks associated with the Site.
- You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
- You will not “frame,” “mirror,” or otherwise copy any portion of the Site without Talk To Me’s express written authorization.
- You will continue to provide true, accurate, and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to Talk To Me, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
- You will not use the Site to solicit Users, to promote any product or services other than the information services described in your User listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly,” “lose weight now,” or “make money surfing the Web”).
- You will not transmit “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of email or forum postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites. See our Anti-Spam Policy for further information.
- You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests, or games of chance.
- You will not take any actions which may undermine the affiliate program, or the Talker Review system used to solicit feedback from Users, including without limitation leaving positive feedback for yourself or other Users, using secondary User names or third parties or leaving negative feedback if a User fails to perform some action that is outside the scope of the services described in his or her User listing.
- You will not create obscene, offensive, tasteless, defamatory, or hateful User names or content for listings. In addition, obscenity and child pornography are prohibited on Talk To Me because they violate the laws of the United States and many other countries.
- You will adhere to all applicable laws and regulations governing your actions in connection with the Site and (as a Talker providing Talker Services) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.
- You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the User Agreement and Talk To Me policies.
7. As between the parties, Talk To Me shall retain all ownership in the Site including all URLs and any content created or derived from the Site.
Talk To Me shall own all right, title, and interest in Talker Services and the Site, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, phone numbers, toll free numbers, and number extensions together with all inventions, patents, copyrights, trademarks, and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks, or licenses are conferred herein by Talk To Me, either expressly or by implication.
You understand and agree that (i) You will have no right, title, and interest to any of the toll free numbers, phone numbers, or extension numbers assigned to You (ii) that Talk To Me may change Your toll free number, phone numbers, and/or extension number, user name, profile handle, or email address at any time in its sole and absolute discretion (iii) You will have no right, title, and interest to any listing name in connection with Talk To Me Services and (iv) that phone numbers, toll free numbers, extensions, handles, email addresses, and listing names may be recycled by Talk To Me to other users of Talk To Me Services if You are not actively using them or Your agreement has been terminated. Further, You hereby grant to Talk To Me, its distribution partners, affiliates, and similar third party website/media providers of Talk To Me’s choice the right to use, copy, distribute, display, or reference in any media form Your listing information, including without limitation, Your listing name, tags, descriptions, photos, Talk To Me buttons, phone numbers and extensions.
8. If you act as a Talker, you will comply with and be subject to Talk To Me’s Talker Policy and Payment Policy.
9. Talk To Me disclaims any warranties or representations regarding the Site and Talker Services.
THE SITE AND ANY TALKER SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. TALK TO ME AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, TALKER SERVICES AND ALL COMMUNICATIONS BETWEEN USERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Talk To Me makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
10. Talk To Me’s liability for your access to and use of the Site and Talker Services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL TALK TO ME OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR TALKER SERVICES, WHETHER OR NOT TALK TO ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TALK TO ME AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY TALK TO ME FROM YOU (AFTER PAYMENTS TO TALKERS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). TALK TO ME WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY TALK TO ME, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF TALKER SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. In each case, Talk To Me will provide you with written notice of such claim, suit, or action. Talk To Me shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
11. Talk To Me prohibits the unauthorized use of copyrighted materials and trademarks.
YOU SHALL NOT USE THE SITE OR ITS TALKER SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
11.1. Talk To Me has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Users who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances).
11.2. Talk To Me Copyright and Trademark Related Policy:
11.2.1. If you believe that your work has been copied in a way that constitutes copyright infringement, please issue a DMCA takedown notice.
11.2.2. If you believe that your federally registered trademark is being used by an Talker or User in a way that constitutes trademark infringement, please provide Talk To Me’s Trademark Agent with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
- information reasonably sufficient to permit Talk To Me to contact the registered trademark owner or its authorized agent, including a name, address, telephone number, and, if available, an email address;
- identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
- information reasonably sufficient to permit Talk To Me to identify the use being challenged by the registered trademark owner;
- a statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.
11.2.3. Upon receipt of notice as described above, Talk To Me will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Talker or User in question, if, in Talk To Me’s sole discretion, Talk To Me concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration, unless, prior to such removal, the Talker or User in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question.
11.2.4. Notwithstanding the foregoing, Talk To Me will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
11.2.5. Talk To Me’s Trademark Agent for notice of claims of trademark infringement on or regarding this Site can be reached as follows:
12. Links to Other Websites.
The Site may provide links to websites other than Talk To Me. Such links are provided for reference only, and Talk To Me neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
Any notice or other communication to be given hereunder will be in writing and given (a) by Talk To Me via facsimile, receipt confirmed, United States mail, or email (in each case to the number or address that you provide), and (b) by you via email to support@TalkToMe.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
14. No Assignment.
You shall not assign this User Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Talk To Me. Any such purported assignment or delegation by you without the appropriate prior written consent of Talk To Me will be null and void and of no force or effect, unless otherwise expressly consented to by Talk To Me at its sole and absolute discretion. Talk To Me may assign this Agreement or any rights hereunder without your consent.
15. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this User Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this User Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Philadelphia, Pennsylvania, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Talk To Me, the User or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
17. You consent to the use of (a) electronic means to complete this User Agreement, to use the Site and Talker Services and to provide you with any notices given pursuant to this User Agreement, and (b) electronic records to store information related to this User Agreement or your use of the Site.
You understand and agree that this User Agreement and any notices given pursuant to this User Agreement are enforceable in electronic format.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Talk To Me’s failure to act with respect to a breach by you or others does not waive Talk To Me’s right to act with respect to subsequent or similar breaches. The failure of Talk To Me to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This User Agreement shall be governed by and interpreted in accordance with the laws of the State of Pennsylvania. The parties acknowledge that this User Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this User Agreement. You agree that this User Agreement and the User rules and restrictions and policies contained herein, and Talk To Me’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Talk To Me. This User Agreement together with the rules and policies of Talk To Me constitutes the entire agreement between Talk To Me and you with respect to the subject matter hereof.
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