Last Modified: 9/23/2015
This Talker Policy forms a part of the Terms and Conditions and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the Terms and Conditions.
1. In addition to the Terms and Conditions, you agree to comply with the following requirements in your use of our Site:
1.1. Without limiting any other remedies TalkToMe.com may have, TalkToMe.com may, in its sole discretion for any reason or for no reason and without notice, immediately modify or terminate your access to, membership in and use of the Site especially if you have violated any of the following requirements each of which you must agree to as a condition to your use of our Site:
1.2. You will continuously provide truthful, current and complete information, including, without limitation, accurate representation of skills, degrees, qualifications, credentials, background, and other information included in your listing(s). You will not misrepresent yourself or create a misleading Member name or listing. We may, in our sole discretion, require verification of credentials as a condition to your use of our Site.
1.3. You will only create listings in categories for which you, in our sole discretion, have appropriate qualifications. By creating a listing in a category, you represent and warrant that you have all the skills, education, training, licensing, experience, and/or abilities necessary to reasonably perform services under such category. You will not provide any Talker Services which require professional licensure, such as a physician, other health practitioner, attorney, accountant, or financial planner, unless you hold a valid professional license in the relevant jurisdiction(s) and such license allows you to provide Talker Services through the Site. If you do not have a valid professional license in the relevant jurisdiction for any professional service requiring licensure, you may not provide such services through the Site.
1.4. You will conduct all for-fee communications that you have with other Members only through the Site and you will not circumvent or attempt to circumvent the Site using third-party payment services nor will you meet with any other User in-person.
1.5. You will not diagnose illnesses, provide treatments, prescribe medications, or otherwise act as a medical care provider through the Site.
1.6. You will not offer 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.
1.7. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
1.8. You will only provide Talker Services to Members. You agree that you will not provide Talker Services to more than one Member on any given call, except as authorized by us. You agree not to take or answer calls (and agree to terminate such call and report the incident to TalkToMe.com by filling out a Contact Us Form and entering “Abuse” into the subject line) if you know or have reason to believe that (i) the individual on the call is a non-Member or (ii) there is more than one person on the call receiving the Talker Services.
1.9. In certain circumstances, TalkToMe.com permits more than one Talker to be on the phone with a Member at one time, provided that such Talkers (i) have received prior written permission from TalkToMe.com for such “double Talker” offering, (ii) are both on the call at the same time. and (iii) have described clearly any such approved “double Talker” offering (and the rate payable therefore) to the Member prior to the call.
1.10. You will not “share” listings except as follows. If you are listed in a Talker listing, only you may answer calls to that listing. TalkToMe.com may, with prior approval, permit exceptions to this rule only if all of the following conditions are met: you had an existing operational call center with five (5) or more employees or sub-contractors prior to joining TalkToMe.com; you are entering this Terms and Conditions with authority on behalf of an incorporated business with employment or sub-contractor agreements with all of the individuals who answer the phone; the Member account and the Member account’s listings are always associated with only one phone number; and you send a notice of the shared listing account to support@TalkToMe.com. Any accounts found to be sharing listings without prior approval, including, but not limited to, hiring or staffing agencies, who employee Talkers on TalkToMe.com will be subject to immediate termination without prior warning and any earnings accrued in said accounts will be forfeited.
1.11. You will abide by all applicable Federal, State, and local laws, regulations, and ordinances relating to obscene and indecent content and communications including, but not limited to the record keeping requirements of 18 U.S.C Section 2257. Obscenity and child pornography are prohibited on TalkToMe.com. While obscenity is not always easy to define and depends on the standards in your area, TalkToMe.com specifically prohibits any listings or Mail that contain content related to bestiality, underage, and any other content which may, in our sole judgment, be considered obscene or otherwise violate any of our policies. We will, in our absolute discretion, remove any listings and prohibit any Mail containing or referring to child pornography. In no event may images of children, whether nude, clothed, or partially clothed, be posted in Mail or in any area of the Site, including Talker listings. In the event that TalkToMe.com discovers child pornography in any listing, Mail or otherwise, TalkToMe.com will promptly notify the National Center for Missing and Exploited Children and/or any other appropriate law enforcement agency.
1.12. You will not use any “pop up” or “pop under” advertising on any website, blog, or profile listing to advertise your talker listing. You will not include links to any competing phone sex or cam sites within your site talker listing. You will not include links within your talker profile to other sites which involve solicitation for calls on a competitor site or a site involving sales of items that are available for sale on the site, including but not limited to audio stories, phone sex recordings, images, or videos.
1.13. You will not create or use separate listings for purposes of redirecting Members from listings contained in Groups or otherwise circumventing revenue sharing under Group agreements or other agreements with third parties.
1.13.1. You will not record or otherwise store any calls (in whole or in part) that you conduct with a Member. 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 Members in accordance with this Talker Policy.
1.14. You will not create frivolous listings, repetitive listings placed across multiple categories, or listings that are irrelevant to the categories under which they are created. You may not create more than one (1) listing per topic.
1.15. TalkToMe.com (or its licensors) owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to TalkToMe.com, Talk Live, Talk Live U, and the designs for TalkToMe.com, Talk Live, and Talk Live U (collectively, “Trademarks”). Talkers may not use, reproduce or copy for commercial purposes any Trademarks in or for, without limitation, advertising, press releases, or other marketing materials, without the express written permission of TalkToMe.com. Talkers may request permission to use Trademarks by e-mailing support@TalkToMe.com. Notwithstanding the foregoing, nothing in this Talker Policy or related agreements shall be construed as granting you any rights in or license to use Trademarks.
1.16. TalkToMe.com does not refer, endorse, recommend, verify, evaluate, or guarantee any advice, information and other products or services provided by Talkers or Members, or any specific Member, Talker or Talker Services, and nothing shall be considered as a referral, endorsement, recommendation, or guarantee of any Talker or group of Talkers by TalkToMe.com. You will not offer listings, create or distribute information, including but not limited to advertisements, press releases, or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by TalkToMe.com of you, your listings or your Talker Services. TalkToMe.com reserves the right to warn, suspend, or terminate at any time and without notice a Member account which it determines, in its sole discretion, is transmitting or is otherwise connected with such prohibited endorsement.
1.17. You will respond promptly to all requests for information from TalkToMe.com. You agree to cooperate in the resolution of any dispute with any other User of the Site and you further agree to abide by and cooperate with our resolution of any such dispute, even resolutions that you may disagree with.
1.18. You will immediately remit to TalkToMe.com all sums that are charged back to TalkToMe.com by any credit card servicer regardless of fault.
1.19. You will bear all risk of collection of receivables for your goods and services and you will, immediately, upon demand, reimburse all losses and charge backs we incur that are associated with your services and/or goods.
1.20. You will not use photographs or other identifying information that is already used by another Talker. Duplicates will be removed from the Site.
1.20.1. You may post links to your social media profiles within your talker profile, but you will not place any link or other contact information on our site that provides personal identifying information such as full name, address, city, or email address to facilitate communication outside of our site
1.21. You will answer all incoming calls from TalkToMe.com and either accept or reject the call when you have marked your account as available for calls on TalkToMe.com.
1.21.1. Missed calls will be calculated on a regular basis and if you miss more than 20% of calls, either from customers or our system, your account will be considered for deactivation.
1.21.2. Talktome.com can at any time consider a reactivation request for a fee.
1.21.3. You may not create a new account on TalkToMe.com after your account has been deactivated for missed calls.
1.21.4. To avoid missing calls, only mark your account as available for calls when you are able and willing to answer all incoming calls from TalkToMe.com.
188.8.131.52. You have the ability to reject an incoming call for any reason by pressing the appropriate number on your keypad after answering the phone call.
1.21.5 You will only turn on availability for sexting and web chat when you are able and willing to have a conversation through the texting or web chat services.
1.22 You agree to keep your average caller review ratings at or above 2.5 stars.
1.22.1 While we will only consider removing low star ratings for complaints that are out of your control, all other ratings and reviews will be taken into consideration for your star rating average. Average ratings below 2.5 stars can be at risk for deactivation at any time.
2. You agree to hold TalkToMe.com harmless regarding your use of the Site.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY TalkToMe.com, 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, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. In each case, TalkToMe.com will provide you with written notice of such claim, suit, or action. TalkToMe.com shall have the right to withhold payments to you to offset liabilities and expenses covered here under.