Effective: May 23, 2016
These Terms govern your access to and use of Talking Stick, operated and provided by Talking Stick, Inc., including any Talking Stick mobile applications and websites (“Talking Stick Services” or “Talking Stick”) and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Talking Stick (collectively referred to as “Content”). Your access to and use of Talking Stick is conditioned on your acceptance of and compliance with these Terms. By accessing or using Talking Stick Services you agree to be bound by these Terms.
You are responsible for your use of Talking Stick Services, for any Content you post to Talking Stick, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms.
You may use Talking Stick only if you can form a binding contract with Talking Stick, Inc. and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using Talking Stick on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Talking Stick only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Talking Stick Services are always evolving and the form and nature of Talking Stick may change from time to time without prior notice to you. In addition, Talking Stick, Inc. may stop (permanently or temporarily) providing Talking Stick (or any features within Talking Stick) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You are responsible for safeguarding the credentials you use to access Talking Stick and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Talking Stick account or any other account that you may connect to your Talking Stick account. Talking Stick, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to not share your Talking Stick access credentials or let others have access to your account and you will not attempt to transfer your Talking Stick account to anyone else. You may be liable for the losses of Talking Stick or others due to unauthorized use of your account.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Talking Stick and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Talking Stick or obtained by you through Talking Stick is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Talking Stick or endorse any opinions expressed via Talking Stick. You understand that by using Talking Stick, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Talking Stick, Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Talking Stick or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through Talking Stick. In order to make Talking Stick available to you and other users, Talking Stick, Inc. needs a license from you. By submitting, posting or displaying Content on or through Talking Stick, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Talking Stick, Inc. to provide, promote, and improve Talking Stick and to make Content submitted to or through Talking Stick available to other companies, organizations or individuals who partner with Talking Stick, Inc. for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Talking Stick, Inc., or other companies, organizations or individuals who partner with Talking Stick, Inc., may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Talking Stick.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of Talking Stick, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Talking Stick, Inc. will not be responsible or liable for any use of your Content by Talking Stick, Inc. in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Talking Stick, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Talking Stick, Inc. as part of the Talking Stick Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Talking Stick as provided by Talking Stick, Inc., in the manner permitted by these Terms.
All right, title, and interest in and to Talking Stick Services (excluding Content provided by users) are and will remain the exclusive property of Talking Stick, Inc. and its licensors. Talking Stick is protected by copyright, trademark, and other laws of both the United States and foreign countries. Talking Stick, Inc. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Talking Stick, Inc. or Talking Stick Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. All elements of Talking Stick, including underlying platforms, software, look and feel, and other components, to the full extent protectable by law, are either proprietary to Talking Stick Inc. or proprietary to our licensors.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Talking Stick, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Talking Stick, Inc., its users and the public.
You may not do any of the following while accessing or using Talking Stick: (i) access, tamper with, or use non-public areas of Talking Stick Services, Talking Stick’s computer systems, or the technical delivery systems of Talking Stick’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Talking Stick Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Talking Stick, Inc. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Talking Stick, Inc. (NOTE: crawling Talking Stick Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Talking Stick Services without the prior consent of Talking Stick, Inc. is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Talking Stick Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Talking Stick Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Talking Stick Services.
Talking Stick, Inc. respects the intellectual property rights of others and expects users of Talking Stick Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Talking Stick will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Talking Stick is:
Agent - Talking Stick
127 Fairbanks Avenue #492
Winter Park, FL 32789
The Terms will continue to apply until terminated by either you or Talking Stick, Inc. as follows.
You may end your legal agreement with Talking Stick, Inc. at any time for any reason by deactivating your accounts and discontinuing your use of Talking Stick. If you wish to deactivate your account, email email@example.com.
We may suspend or terminate your accounts or cease providing you with all or part of Talking Stick Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Talking Stick Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Talking Stick Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable).
In all such cases, the Terms shall terminate, including, without limitation, your license to use Talking Stick Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect the rights of Talking Stick, Inc. to change, limit or stop the provision of Talking Stick Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of Talking Stick, Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Talking Stick Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of Talking Stick Services or any Content is at your own risk. You understand and agree that Talking Stick Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TALKING STICK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Talking Stick Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Talking Stick or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Talking Stick, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Talking Stick; (iv) whether Talking Stick will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Talking Stick Entities or through Talking Stick, will create any warranty not expressly made herein.
Talking Stick Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Talking Stick Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TALKING STICK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE TALKING STICK; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON TALKING STICK, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM TALKING STICK; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TALKING STICK ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Talking Stick, Inc., IF ANY, IN THE PAST SIX MONTHS FOR TALKING STICK SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TALKING STICK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of Talking Stick, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Talking Stick Services will be brought solely in the federal or state courts located in Winter Park, Florida, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using Talking Stick in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
These Terms are the entire and exclusive agreement between Talking Stick, Inc. and you regarding Talking Stick Services (excluding any services for which you have a separate agreement with Talking Stick, Inc. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Talking Stick, Inc. and you regarding Talking Stick Services.
We may revise these Terms from time to time, and the most current version will always be at www.TalkingStick.tv/legal/tos If the revision, in our sole discretion, is material we will notify you through Talking Stick Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use Talking Stick Services after those revisions become effective, you agree to be bound by the revised Terms.
If you live in the United States, these Terms are an agreement between you and Talking Stick, Inc., 127 Fairbanks Avenue, Suite 492, Winter Park, FL 32789 U.S.A.
If you have any questions about these Terms, please contact us contact@TalkingStick.tv.