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Terms and Privacy

TALKSSPOT'S TERMS AND PRIVACY STATEMENT

Privacy is of great importance to us whether You are a “Visitor” (which means that you simply browse the Site (defined below)) or a “Member” of Talksspot (which means you have either registered with Talksspot or established an account). Visitors and Members are individually referred to as a “User,” and collectively, as “Users” Because we gather important information from our Users, we have established this Privacy Statement as a means to communicate our information collection, use and dissemination practices.


So we are clear on the terminology we use, “Personal Information” means contact information (e.g., your name, address, email address, and/or telephone number, etc.) and any other non-public information that is used or intended to be used to personally identify an individual, and any other non-public information that is associated with that information. “Anonymous Information” means information that is not used or intended to be used to personally identify an individual.


BY USING OUR SITE OR SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH OUR SITE OR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY STATEMENT AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY STATEMENT. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.


Children.

The Site and Services are not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. If we later learn that a user is under 13 years of age, we may take steps to prevent the User from utilizing the Site and the Services.


Collected Information

In general, the Personal Information we gather enables us to provide the Services to you and helps us learn more about the use of the Site and/or Services. We collect Personal Information that you submit to us voluntarily at registration and in the course of using the Site and/or Services, including the questions and opinions you post on the Site or through the Services. To use the Services you must create an “Account” by providing your name, email address, gender, age, location, additional preferences, a password, and potentially additional information. You may alternatively connect to the Site or Services through Facebook and Gmail, in which case we may collect that information (less the password but including a photograph), from Facebook for the purposes of creating your Account on the Site. When you communicate with us by sending us an email, we will collect and store any information that is contained in your communications with us.


When you register, we will create a profile for you that includes your first name and first letter of your last name and any other information you want to provide, including, but not limited to, your gender, location, relationship status, your bio and a profile picture. We may collect information about your location in a variety of ways, including through Facebook. If you registered through Facebook, we may use the information we collected about you from Facebook to pre-populate your Profile. You can choose not to provide us with certain information, but the Services have more relevancy when you provide this information, and you may be able to make more meaningful connections.


We will refer to all of the information contained in your Profile as your “Profile Information”. As your Profile Information is intended by you to be published on the Site, your Profile Information will not be considered Personal Information under this Agreement, even if it contains Personal Information and we may use and disclose the Profile Information on the Site without restriction.


We will refer to the questions asked through the Site and Services as "Questions" and responses to Questions as "Comments".


If you choose to use our “Invite Friend” feature, we will ask for your friends email address. We will send your friend a one-time email inviting them to visit the site. We do not store this information or use it for any other purpose other than to fulfill send the email at your request.


Anonymous Information

As you use the Site or Services, certain Anonymous Information may be passively collected and stored, such as your Internet protocol address, domain names, browser type, and access times. We may also use Cookies (as defined below) or web bugs and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit and the solutions and information for which You searched and viewed, or on which advertisements displayed on the Site You have viewed and/or clicked. “Cookies” are small pieces of information that a website sends to your browser while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your browser until you delete them) to improve your experience on the Site (e.g., by keeping you logged in). Many consider the use of cookies to be industry standard. Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, you may experience session errors and may need to log-in again for each page you visit on the Site.


Abiding by the Law.

If compliance to law requires us to share some or all of your data at Talksspot with Government authorities, we may disclose your data.


Disclosure – Usage of Third Party Cookies

We may use a third party tracking service to track and analyze Anonymous Information from Users of our Site. Such third parties may use Cookies to help track User behavior. Additionally, we may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on the Site. These advertisers and ad servers may use Cookies in order to monitor information related to serve advertisements. Clicking on such advertisements will direct You to the website of a third-party and the advertiser. This Privacy Statement does not cover the privacy practices of any advertisers or ad servers.


Using the Site

Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.


Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.


User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.


Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Talksspot.


Communications from Talksspot and other Users

By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications.


Content

Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Talksspot.


You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.


Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Talksspot and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.


Ownership

As between you and Talksspot, you own Your Content. We own the Talksspot Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review Score, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Talksspot Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Talksspot Content are retained by us.


Advertising

Talksspot and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.


Content Feeds

We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Talksspot's websites, and attributes Talksspot as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Talksspot promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Talksspot's systems. Talksspot reserves all rights in the Feed Content and may terminate the Feeds at any time.


Other

User Content (including any that may have been created by users employed or contracted by Talksspot) does not necessarily reflect the opinion of Talksspot. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.


Restrictions

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.


You agree not to, and will not assist, encourage, or enable others to use the Site to:
  1. 1. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
  2. 2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  3. 3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  4. 4.Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Talksspot;
  5. 5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
  6. 6. Solicit personal information from minors, or submit or transmit pornography; or
  7. 7. Violate any applicable law.

You also agree not to, and will not assist, encourage, or enable others to:
  1. 1. Violate the Terms;
  2. 2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Talksspot;
  3. 3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
  4. 4. Reverse engineer any portion of the Site;
  5. 5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  6. 6. Record, process, or mine information about other users;
  7. 7. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
  8. 8. Reformat or frame any portion of the Site;
  9. 9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Talksspot's technology infrastructure or otherwise make excessive traffic demands of the Site;
  10. 10. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  11. 11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
  12. 12. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  13. 13. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
  14. 14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.


Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE TALKSSPOT ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.


1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE TALKSSPOT ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE TALKSSPOT ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE TALKSSPOT ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, SCORE, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.


2. THE TALKSSPOT ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE TALKSSPOT ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.


3. THE TALKSSPOT ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE TALKSSPOT ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.


4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.


USE OF INFORMATION

Personal Information. We will use your Personal Information to:
  • Administer your Account;
  • Provide you and other Members with Services and customer support;
  • Target content to You or on Your behalf – for example, a User can restrict the distribution of a question to Users that fall within a particular age group
  • Market our products and services (and those of third parties) to You that we believe may be of interest to You, including through the serving of personalized advertisements, though we will not disclose Your Personal Information in doing so. For example, we allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of attributes we have collected (including information You do not make available on the Site) to select the appropriate audience for those advertisements. For example, if you tend to ask questions about automobiles, we might use that interest to show You ads for automobiles. In that case, we do not tell any automobile dealer or manufacturer who You but the dealer or manufacturer may learn that You possess certain characteristics based on the fact that You received the advertisement;
  • Respond to your requests, resolve disputes and/or troubleshoot problems;
  • Verify your compliance with your obligations in our Terms of Use or other Talksspot policies;
  • Improve the quality of the Site and the Services; and
  • Communicate with you about the Site and the Services.

We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.


We may send you communications via email about the Site and Services. Please note that even if you unsubscribe or opt-out, we may still send you Site and Service related communications (e.g., emails related to your Account).


Profile Information, Questions and Responses

To be clear, profile Information, Questions and Responses that are associated with your name, email or other identifying information is considered Personal Information and we use such Profile Information, Questions and Responses in all of the ways we use Personal Information.


Anonymous Information

We may, through our use of Cookies and web bugs, keep you logged into our Site, track your session history, collect your click-stream data, and personalize your experience on the Site. We may use your Anonymous Information to analyze usage patterns so that we may enhance the Site or Services, improve our internal operations and the content of our software, notify visitors about updates to our Site or Services, and improve the efficacy of our content and advertisements that appear on the Site. We may also use your Anonymous Information (including Cookies) to market our products and services to you, whether on our Site or on third party websites.


DISCLOSURE OF INFORMATION

Personal Information

We may disclose certain Personal Information:
  • To third party vendors who act on our behalf and help us provide the Services or the Site;
  • To third parties, including other Members and our promotional partners, to whom you ask us to send Personal Information;
  • To commercial Talksspot members, including market researchers, with whom you have directly interacted through the Services or the Site;
  • To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy;
  • To a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy; or
  • If we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our Terms of Use; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (c) protect and defend our rights or property or the rights and property of you or third parties.

We provide Members who seek opinions through the Services with the opportunity to communicate with responding Members. All such communication is directly through the Services, and we have access to this information as a result. Through this communication, another Member may request additional information from you. Such sharing of information is entirely your choice. Please be judicious about the information you share through the Site and Services.


Profile Information

We may share your Profile Information publicly on the Site and through our Services, including to Members whose questions you Talksspot on through the Service and to your friends on the Site. We will make your Profile Information available to that other users in Talksspot.


Questions

Each time you ask a Question, you have an opportunity to define the set of people to whom the Question is sent (e.g., Talksspot public, Talksspot friends). We disclose the Question you asked in association with your name as it appears in your Profile to the individuals you authorize.


Responses

Each time you provide a Response to a Question asked by another Member, we provide your Response to that Member along with your name as it appears in your Profile.


Please remember that this is a community-oriented Site. You are welcome to share as much Profile Information as you think is necessary and appropriate. But please be aware than any Profile Information will be made available on your Profile, which may be available to other Members and/or Visitors.


Anonymous Information

We may disclose Anonymous Information without restriction.


FEEDBACK If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with Your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Statement.


Accessing and Controlling Your Information. You can review and/or change any of your Personal Information or Profile Information by logging into the Site and accessing your Account. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy. Please remember, however, if we have already disclosed some of your Personal Information or Profile Information to third parties, we cannot access that Personal Information or Profile Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.


Upon your request, we will close your Account. We may continue to use your Profile Information in accordance with this Privacy Policy even after we have closed your account. In addition, we may retain your Personal Information and Profile Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.


Information Disclosed to Third Parties This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you. If you disclose information to others, including to other Members or our promotional partners, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.


The Site or Services may contain links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site or Services and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you.


Changes to this Privacy Policy. This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we will also send you notice thereof to the last email address you have provided to us. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.


Contact Us. If you have questions or concerns about our Privacy Policy, please contact us by sending an email to: help@Talksspot.com


This Policy was last revised: Jan 1, 2015.


Copyright © 2015 Talksspot, All rights Reserved.